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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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i went shopping at my local store and i was side tracked so

Customer Question

i went shopping at my local store and i was side tracked so as i went through the security barriers alarms went off, i did not leave the store, i realised what had happened, but they did not give me the chance to pay for my goods, they just rang the police and was took to the local police station. never done this before, can the store win the case even though i never quite left the shop ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you go past the point of payment?
Customer: replied 2 years ago.

if going past the point of payment is the alarm barriers then yes, but you are still inside some sort of massive conservatory got to go to the police station tomorrow to see if i will be charged. the reason this happened is that i did my shopping and realized that i had to get some medication from the pharmacy because my wife suffers with psychotic depression. the pharmacy was closed so i went to the security guard to find out what time they open the next day, and while he was finding out what time they opened, i saw my cousin come into the store and we started chatting and she told me that her father had died, who is my uncle, being upset, i went to the cigarette counter got my wife's cigarettes and wanting to get home to tell my wife what i had just heard i forgot to go through the checkout, but soon realized what i had done, they would not let me pay for the shopping.

Expert:  Jo C. replied 2 years ago.
Thanks.
If you went past the checkout point then that is sufficient to amount to theft.
Obviously you say it was an honest mistake and that would give you a defence. It will come down to whether that is accepted either by CPS or by the Court.
The fact that you offered to pay does not mean that a theft is not made out.
You only have to appropriate goods belonging to another. If you walked past the checkout point then that would offend. If it was an honest mistake then that comes down to your state of mind.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

if the CPS cannot make a decision and i go to court, i have made an honest ( stupid ) mistake. i cannot afford legal help. 1 is that is that i shouldn't need it and 2 i work with mental health and the wages is very poor. can u give me any information that could help my case. and thank you for your help.

Rob

Expert:  Jo C. replied 2 years ago.
You will get legal aid if your earn less than £12k