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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience:  Over 5 years in practice
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My 27 year old daughter has been suspended from her position

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My 27 year old daughter has been suspended from her position as a finance administrator at a school academy where she has worked for 9 years the thefts date back 3 years. She has admitted to me that she did do this (i am her father) even though my wife and i are both apalled and ashamed she is still our daughter. She has had a lot of misfortune with a previous partner turning out to be a drug addict and taking all her money and getting her to sign for goods and services in her name etc. When she finally came to her senses and ended the relationship she was left with a mountain of debt. Being so ashamed and unable to ask anyone for help when the bailiffs and credit companies started knocking on the door she resorted to thieving to try and make ends meet.
Neither my wife, myself or she accept this as an excuse but how and what do we do to help her now? She is waiting for the police to interview her and the ensuing disciplinary at work where undoubtedly she will dismissed, she has never done a wrong hing in her life and i would have stacked my life on her innocence in this katter but for confession to me, can you advise a way ahead
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What specific queries do you have about this situation please?

Customer:

what if any assistance can I give my daughter to prepare for her police interview /discilinart? and is the likely to lead to a custodial sentence

Ben Jones :

ok sorry I thought this was an employment-related query so I can't give you any criminal law advice but I will refer this to a colleague who can help. She may be offline but will be on later on, is thaty ok?

Customer:

will I be charged again?

Ben Jones :

no you won't

Ben Jones :

there is no need to rate me as I have not provided you with an answer, thanks

Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I am criminal law specialist. Have the police actually been informed of this or is she speculating at this stage?

I am travelling to court so won't be able to answer immediately but I will get back to you later this morning.
Customer: replied 2 years ago.

Her employer has informed that the police have been informed and it is pending investigation.


 


 

Customer: replied 2 years ago.

okay thank you

Expert:  Jo C. replied 2 years ago.
Thanks for the time.

What are the value of the thefts roughly please?
Customer: replied 2 years ago.

I am told approximately £2000 small amounts taken over a period of time so she is unsure until the investigation has been completed and they give more information before her hearing at work (10 days notice) however how that works with the police I am unsure


 

Expert:  Jo C. replied 2 years ago.
Ok. Thanks.

Do you know how many transactions there were?

Also, I imagine that there was a fairly high level of trust imposed in her given her job?
Customer: replied 2 years ago.

I think around 6 transactions, yes a high level of trust within her job


 

Expert:  Jo C. replied 2 years ago.
Thanks.

Can she repay the amounts taken?
Customer: replied 2 years ago.

Obviously if she is dismissed and with a criminal record it will be very difficult to get employment so not personally but given the amount is £2K - £3K I would be willing to repay the amount, do you think if I did this the school would be willing to let her resign as opposed to dismissing her?


 

Expert:  Jo C. replied 2 years ago.
Well, that really comes down to the school. Sometimes a loser employee is willing to withdraw in these circumstances and sometimes not. However, it is always very good mitigation.

In terms of what would happen if the police did act its very difficult to predict this type of thing. I was a police station rep for years before I went to the Bar and I saw many thefts from employer resolved by means of a police caution. Of course, that should not be happening on the case law but it did.

You have to plan for the worst with this type of thing. Realistically, its likely that they would be looking to charge. This is a theft from employer which is hugely aggravated by the level of trust imposed in her. However, its a relatively small sum and the reason for the thefts would be considered. If she repays the sums then that would be good mitigation.

If this is £2000 then it might actually be dealt with at the Magistrates Court. The guidelines say that the starting point is a community order but you have to be realistic and face the fact that she is at risk of a short custodial sentence because of the breach of trust. Probably repayment combined with a guilty plea would persuade the court either to impose a suspended sentence or a community order though.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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