Got caught stealing at boots and sent to custody police

[BazzaS]

hi everyone

 

i need help badly.

 

a few days ago i was caught stealing at boots and

 

the security guard lead me to their security room. inside,

there is one female boots staff and another security guard from the shopping mall.

total three of them.

 

the security guard from boots asked me to take out whatever stuff i have stolen

i did as told as i was too afraid.

 

later on, he asked for my id and name and home address which i gave as well

 

issued me with an RPL form.

 

the amount i have stolen was £220

i know its so stupid

i stole 4/5 perfumes thats why the amount is expensive.

 

he called the police

police came and searched my bag

found another item i had stolen from another stall.

i cant lie because the tag is still on and i have no receipt.

 

the police took me to custody at police station.

first all my items are being emptied from my bag and jacket and all

the police found another item in my jacket which i totally forgot about it

i was so scared i keep begging her but no use

 

i was asked if i need a solicitor

the police and the surgeon kept saying whether or not i have the surgeon decision is not going to change.

 

i told them i dont need which i regret after i come back home

 

i was asked questions by the surgeon and lead to a cell room which i was lock.

after an hour or so the police come and told me they are going to my house and check my room

and state this is always the case for stealing.

i was so worried

 

another hour has pass in the cell room and finally she is back

she said my room doesnt look suspicious and she commented i always have tea in room?

later on she interview me with a recording and then ask me lots questions.

 

i admitted of stealing at two stores

afterwards, my dna and photo (front and side views) as well as my finger prints are all taken and recorded

 

i was told by the surgeon that my case will be a caution (is that called caution?)

and i can go home.

no action will be taken and the polices just told me not to do silly things anymore

and they say i might receive letter from boots thats all.

 

i assume that will be the RPL lettter?

 

im so scared:

 

will my housemates know what letter that is?

is there any sign showing that letter is from RPL?

also, will i be fine??? btw im above 20 years old.

I need help people.

 

i couldnt sleep for nights and keep having bad dream about it.

 

what shall i do. someone help me please

 

1) was this in England/Wales?

2) who was the "surgeon"? A medical professional (FME : Force Medical Examiner)? Or a sergeant rather than a surgeon??

3) Did you have to sign the caution ("i was told by the surgeon that my case would by a caution") you were given?

[BazzaS]

I suggest he means solicitor

 

 

dx

 

I took

"i was asked if i need a solicitor

the police and the surgeon kept saying whether or not i have the surgeon decision is not going to change.

 

i told them i dont need which i regret after i come back home" to mean they had declined the offer of a solicitor ......

[BazzaS]

hi Bazasss,

1.yes.its in england.

2.oops its sergeant. he asked me lots questions and took details of me.

3. i signed now i regret as i dont know if i supposed to cause i didnt request for solicitor ):

 

and i can tell you im under the police record and i was told this will affect my visa applications to countries like USA and Australia ):

 

If you had to sign the caution, and signed that you accepted your guilt, then the caution acts the same as a conviction (excepting there is no penalty such as a fine or prison) : so, you have a criminal record now.

This is why it affects e.g. Immigration to USA (you can no longer use the 'Visa Waiver'), and you must disclose it to employers if asked, until it is 'spent' ; for some jobs you'd need to disclose it even after it is spent.

 

Ignore RLP. As other advise, there isn't anything to fear from them.

 

I suspect the conviction (since that is the effect accepting the caution has) will have more impact on you.

You say you wish you'd spoken to a solicitor, but would the solicitor have said anything other than "if they offer you a caution, take it" : it sounds from what you have posted that if you had declined the caution they wouldn't have had much trouble securing a conviction if they decided to take it to court.

 

Does your job require a clear DBS? Are you subject to (e.g. immigration controls) anything where a conviction may cause you difficulties? I see you have also posted:

 

hi Dx, thank you. erhm, i read but i realise the amount i have stolen is considered quite big isnt it??? im just afraid of the damn letters that threatened people and also im not from UK and im under visa. idw anything to happen to me

 

If you are in the UK under a Visa it is open to being revoked (unlikely : but theoretically possible), but it is much more likely you being refused readmission to the UK on your current visa, or refused renewal of your current visa.

 

What Tier / Category is your UK Visa?.

 

RLP should be the least of your concerns.

[BazzaS]

hi bazzasss, im carrying the general tier 4 visa and i will be going to home country during the summer holidaaay. will i still be able to re-enter uk under my visa? ): :

 

Paragraph 320(18A) of the immigration rules applies.

You don't face a mandatory refusal (like someone would if they had a conviction where they had been given a prison sentence of 5 years or more), but you face a "discretionary refusal" : it is up to the entry clearance officer (ECO) at the border.

 

Paragraph 320(18A)

You must consider refusing an applicant under paragraph 320(18A) if within the 12 months before the date the application is decided, have been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record..

 

also, did you mean even if i ask for a solicitor, i will still get a caution? is this always the case? im so regret now. i wasnt thinking properly and i was so scared to be in the police station, so i thought the fastest way is to plead guilty. is there anyway back? like undo the caution? shall i still see a solicitor now? ):

 

I'd certainly suggest getting legal advice, from a solicitor versed in both criminal & immigration law.

I don't know if you can get a caution "reversed", but even if you did, wouldn't they just take you to court : if they can show you were guilty you'd just be swapping a caution for a conviction where you would then get a worse penalty. They appear to have a strong case : they'd have the testimony of the security guards & the other stolen property found on you .....

 

If someone has been sentenced to a prison sentence, refusal of entry clearance becomes mandatory rather than discretionary (for a period that is dependant on the duration of the prison sentence)......

 

One of the sources the ECO "must" check is the Police National Computer. This WILL show your caution (unless an administrative error has been made.....)

If you were considering trying to conceal your caution by not disclosing it when asked: the hazard is that if this is noted : mandatory refusal (and a significant exclusion period from the UK) for a "false statement".

 

It has just occurred to me. You keep expressing regret for not getting a solicitor, but I'm not sure a solicitor could have dramatically affected the outcome.

You are here on a student visa, which requires you (not only to study) but to have sufficient funds to support yourself.

You haven't expressed any regret for stealing.

CAG doesn't allow judgemental posts, so the above comments are factual. Would it be fair to say the underlying issue facing you is not that you didn't ask for a solicitor, but that you stole (& got caught) - what do you think you should regret?

[BazzaS]

I agree with Bazza. You accepted the least possible punishment for your crime. If you had refused the caution, the evidence from Boots would have been enough to convict (in my opinion) and the punishment would have been much worse because you would have refused the caution. The wasting of court time instead of taking the bitter pill is heavily frowned on so the court 'may' take that into account.

 

The fact is, you accepted the caution and when it comes time to renew your visa, be upfront and totally honest about this. Being open about what you did with a reasonable explanation as to why you did it will go a long way in assisting your application.

 

I think that if you visited a criminal solicitor and asked the same question, he/she would give the same responses we have. At the moment, there is no more you can do regarding the criminal element. Deal with the after effects when and if they occur.

 

Now is the time to be dealing with RLP. When the letters arrive, come back and we can assist with them.

 

It isn't just at renewal of visa (although that is a potential future hurdle). The OP's Tier 4 Visa will still be in existence when they return to the UK, but they MAY be refused entry clearance even with that existing visa, based on the change in circumstances (the caution). It is at the discretion of the Entry Clearance Officer.

[BazzaS]

I think the only thing the OP can do is to be honest with the Entry Clearance Officer when they seek re-entry into the UK. Or perhaps try to speak to UKBA about what is likely to happen, so they can make preparations accordingly.

 

To be honest, if you steal something of that value whilst on a student visa (and thus a guest in this country) then there have to be consequences for that criminal action. Much better - in my view - to see the authorities doing due process than to have the likes of RLP dishing out their saloon bar justice.

 

+1

[BazzaS]

Vauban, i will contact the UKBA maybe. but i dont understand your last paragraph. "Much better - in my view - to see the authorities doing due process than to have the likes of RLPicon dishing out their saloon bar justice.

"

could you explain it to me please?

 

I took it to mean that using RLP is wrong.

 

That "Civil Recovery" (in and of itself) isn't wrong.

The retailer can call the police and there is the criminal justice system (including the use of cautions)

That there is the civil justice system, and if the retailer incurs losses they can go to court, and recover those.

 

But that RLP isn't the retailer, and doesn't exist just to recover only the retailers actual loss, but takes its "cut", that it sometimes asks for monies it isn't entitled to (as in the Oxford case)

[BazzaS]

I don't seem apologetic? How can you tell???????? I just want to at least appear calm now and trying to figure things out. I alrd made the stupidest mistake ever and ruin my life and am here struggling for help. How, you tell me. How to seem apologetic so you won't judge me? ):

 

You've asked, so (rather than to be judgmental, but) to answer your query:

You'd have seemed more apologetic if (when you had been expressing your regret, multiple times in the thread), your regret had been for stealing, rather than regretting not asking for a solicitor ...... it makes it look like you are bothered by the consequences of being caught more than if the theft was wrong or not.