Accused of Shoplifting

[Sidewinder]

One of the major problems here is that once the Police became involved, and especially once an arrest took place this will have created an entry on the Police National Computer. Irrespective of whether any case now proceeds, this is quite possibly going to be disclosed if an Enhanced CRB is required, or special security clearance. You say that your girlfriend works in a security sensitive position, but what level of vetting or CRB disclosure is required for this? Does her contract require her to inform the employer of any arrests convictions or cautions?

 

Isofar as the case itself is concerned, then I strongly suspect that when she reports back to the police station, she will be offered a further opportunity to accept a caution, and if she refuses that then the matter will either be dropped or she will be offered a further chance to accept a caution. It will probably be referred to the CPS for consideration at present, but I very much doubt that a prosecution and trial would be viable for a suspected theft of such low value. In view of the circumstances and the possible impact on employment it would almost certainly be worth taking legal advice.

 

Hindsight is a wonderful thing, but you are correct in believing that the best course of action would have been to walk away without the police involvement and just deal with the RLP letters, but having then had the police come in, your girlfriend is going to have to take this all the way to try and prove her innocence. What she was probably offered at the store was a PND and £80 penalty - this does not involve an admission of guilt, but is offered in order to avoid possible prosecution (and saves paperwork!) - although it is still liable to be disclosed on an ECRB, it is not held as a conviction or caution so does not have to be disclosed when asked about convictions or cautions in most cases . A formal Caution does involve an admission of guilt, and can then have more serious consequences for employment or for example when trying to visit the USA or Australia.

 

Please keep us up to date with developments and feel free to ask if you think that we can help further.

[Sidewinder]

Sidewinder - her job is a finincial one for, ironically, a neighbouring police force (civilian worker). If she were to end up with a record of any kind it may well spell the end of her career with the police, and i don't know how she would fair applying for financial jobs with a conviction for theft...........So although a shoplifting offence may seem like a small matter, it's something that may end up having a huge impact on our lives, so we are desperate that she is cleared of this.Thanks again for the info so far, would be very grateful to hear any other advice that people may have.

 

Hi - the point that I was making was that this needs to be fought at every opportunity, as the merest trace of an incident recorded by the police on a local database is liable to be disclosed on an enhanced CRB - even many years down the line and irrespective of whether the case were to proceed any further, so your girlfriend MUST take this as far as is necessary to be able to have that trace struck from the records if that is at all possible. There have been cases where even an unfounded allegation which the individual was completely unaware of has appeared in the 'non'conviction data' of a disclosure. That isn't to say that in your girlfriend's case this WOULD be disclosed - merely that it MAY, dependent on the level of vetting or background check being made.

 

I am 100% on your girlfriend's side here, and it seems that you are taking all the right steps so far. She is not guilty of any offence and is sticking to all the right principles in order to completely clear her name. Theft involves an intent to permanently deprive and clearly that was not the case here. I am sure that everybody, apart from possibly the security guard at the store will agree that this was an honest mistake.

[Sidewinder]

I would be astounded if any action could be taken against her, and she should be banging doors with the same effort that she has put into clearing her name thus far. On what grounds? Being the subject of a false accusation? Bringing the employer into disrepute? They couldn't possibly make a case which fell foul of her employment contract and would be on very shaky ground if they were to dismiss her.