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JG_Legal
JG_Legal, Barrister
Category: Law
Satisfied Customers: 46
Experience:  Experience of consumer law, financial regulation and criminal law.
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Criminal law question. I am British but I now live

Resolved Question:

Hi. Criminal law question.
I am British but I now live in Spain. I am however regularly in the UK as all my family are here and I travel between Spain and UK a lot.
About a year ago before I had moved I was interviewed under caution by Greater Manchester police. I was not arrested and attended as a volunteer. To cut a long story short the issue has still not resolved and its possible I may now get summoned to court.
I'm considering all my options if this happens. If I didn't attended court / answer the summons what would happen, and how would the fact that I don't live in the UK effect it?
Thanks for your help
Submitted: 2 years ago.
Category: Law
Expert:  replied 2 years ago.
I can assist with this. (1.) have the police put an allegation to you, if so, what is it (2.) have you been charged for an offence, if so, do you gave a court date.
JG_Legal and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi. Thank you for your help.

I have not been charged or have a court date.

The alergation is theft to the value of £250. I left a shared flat and took a television that was a joint purchase. I couldn't of taken it if I didn't feel I had been ripped off by this guy with flat deposit. However I did half buy the TV. He was furious and reported it as theft to police saying I had not contributed to buying it.

Police gave me the option to pay him full value of TV and I declined. We are a year after this happened now.

I now think I may now be going to be summoned to court. That is what the police officer is saying.

Not been arrested or charged by police at any point in relation to this but interviewed under caution.

Many thanks

Expert:  JG_Legal replied 2 years ago.
I would be surprised if you're charged for this. Especially if you gave an account in accordance with what you've told me as it's got a civil flavour to it and not something police usually like to get involved with. However, if you are charged and given a date for summons and you do not attend a warrant will be issued for your arrest. You will not be extradited for this, it is not serious enough. But you will be arrested on your return to the UK and taken to the magistrates' court that issued the summons. You can answer the summons, plead not guilty and contest the allegation if you believe you have the evidence to cast doubt on it. However, the trial will be listed for some weeks after the first appearance (maybe even months) and there's no guarantee you'll win. You might therefore want to consider paying the £250 and getting out the way, or maybe showing the police evidence you payed for half and paying half back - it will save you money in flights, aggravations and possibly conviction for theft (you do not want this!). I hope this answers your question.
Customer: replied 2 years ago.

Thank you your answer is helpful and now allows me to make a more informed decision.

Thank you