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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was recently arrested in the UK on allegation of theft of

Customer Question

I was recently arrested in the UK on allegation of theft of a bottle of wine which in fact I returned to the owner. The police seemed to accept my explanation that I had believed the wine might actually belong to me having kept wine at the premises of the alleged theft. The police asked the owner what they they wished to do in view of the return of the property. The owner said they were interested in prosecution. The police had given me a bail and advised that they have sent the case across to the CPS for a decision. I have never been arrested or committed a crime ever before and even in this case it is my contention that I had taken the wine to verify that it was not my own previously stored bottle and that I had intended to return the wine to the power with proof of ownership at time of my arrest. There three question are: 1) does the CPS now have an obligation to charge me now that the owner had indicated their preference not to drop the matter but to pursue prosecution? and 2) if I indented to return the wine and not permanently deprive the owner of ownership does this still constitute theft under UK law? 3) Is it likely in your preliminary view that I will be charged by the police?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What was the value please? Do you have any previous?
Alex
Customer: replied 2 years ago.

Hi Alex: The wine value is GBP 2,500 tho the mark up in hotel restaurant puts the value at GBP 7,500. I have no prior criminal or arrest history and I live overseas.

Expert:  Ash replied 2 years ago.
1) the Cps has an obligation to consider charging and must if there is enough evidence and in the public interest.
2) correct
3) you are likely to be offered a caution if it is the case you don't have any previous and you have handed it back.
The cps can caution instead of charge but they are likely to take some sort of action, rather than just let it drop. This is because the owner said they were interested in a prosecution. If the owner did not then there would be no charge.
Can I clarify a thing for you about this today please?
Alex
Customer: replied 2 years ago.

Hi Alex: Is there a number I can call you on in the UK now?

Expert:  Ash replied 2 years ago.
If you accept the additional offer, yes.
Alex
Customer: replied 2 years ago.

What is the additional offer?

Expert:  Ash replied 2 years ago.
It means we can speak by phone,
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Do you have a number I can call you on.
Customer: replied 2 years ago.

Hi Alex: accepted your additional offer but I have no number on which to contact you? Pls advise soonest.

Expert:  Ash replied 2 years ago.
What is your number? It won't be visible to others.
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex