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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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Hello, I was first cautioned for shoplifting in 2009. In 2010,

Customer Question

Hello, I was first cautioned for shoplifting in 2009. In 2010, I was caught again and fined. I have now been caught for the 3rd time and charged to appear before the magistrate. I'm worried about what this means as this can affect my job. What is going to happen when I appear before the magistrate?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What was the value of the goods please?
Customer: replied 3 years ago.

About £120

Expert:  Jo C. replied 3 years ago.
Have you admitted the offence?
Customer: replied 3 years ago.

Yes

Expert:  Jo C. replied 3 years ago.
Did the store get the goods back in saleable condition?
Customer: replied 3 years ago.

Yes, but the police took it as evidence.

Expert:  Jo C. replied 3 years ago.
Thanks.

They will give you a conditional discharge or a fine. This is a first offence of low value theft by shoplifiting and the store got the goods back in saleable condition so there is no real loss. This is governed by the case of Page which recommends fines or discharges on first offences.

Obviously if you continually committed this offence then the sentencing options rack up a bit but that is what you are facing now.

There is an outside chance of a supervision order but not likely.

There will also be costs of £85 and the victim surcharge of around £35.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Will a conditional discharge or fine mean I have a criminal record that can affect my job or chances of getting a new job in future? Should I go to court with a lawyer? What is a supervision order?

Expert:  Jo C. replied 3 years ago.
Yes, I'm afraid it will. As soon as you plead guilty at court you get a criminal record.

Unless the person you had at the police station is willing to take this case on at court, you are likely to have to use the duty solicitor.

A supervision order is just an order to be supervised by probation.
Customer: replied 3 years ago.

Is there a way to avoid the criminal record?

Expert:  Jo C. replied 3 years ago.
Not unless they acquit you.
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 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/