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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have admitted 3 days ago to theft of around £6,000 from a

Customer Question

I have admitted 3 days ago to theft of around £6,000 from a PTA account over a period of around 2 years. I have spoken directly with the other members and I was asked to hand over all statements and p/work immediately, which I did. I have paid the total of £7,000 back into the PTA account to recover any money that I have taken. I have been told that the police were informed straight away and the members and the headmistress refuse to meet with me to discuss the issue with me. I have been told they are not in a position to speak with me. I really would like to know where I stand and what is the likely outcome of what I have done. I have two children at the school currently and am also worried about them.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
For now please let me know whether you have any previous convictions? When you say you have admitted it, to whom please?
Customer: replied 2 years ago.
I have no previous convictions and I admitted it to the members of the PTA three days ago in person and transferred the sum of £6,000 into their account on the same day.
Expert:  Ash replied 2 years ago.
If it goes to Court then this is theft by breach of trust.
The starting point is 2 years custody. The range of sentencing is from 1-3 years. You would get 1/3rd off for any guilty plea.
Sadly because this has gone on for so long and there was a high degree of trust, these are factors that make it worse.
You can download the sentencing guidelines here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/SC-Theft-Offences-Definitive-Guideline-content_FINAL-web_.pdf
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
What category do I apply to under the sentencing guidelines.
I'm sorry I don't understand when you say 2 years custody and sentencing of 1-3 years, does this mean that there is a likelihood that I will have to serve time in prison?
Also will the fact that I admitted it freely to them and paid back a large sum be taken into account by the police?
Expert:  Ash replied 2 years ago.
There is a starting point and there there is a range which a Judge can use.
Its possible you will have to go to prison - it may be suspended sentence depending on your circumstances. Payment back will be taken into account by the Court.
I think you are High Culpability Category 2. But these apply from February 2016. If you are dealt with before this date the old guidelines will be in force and I think your sentence will be lower.
Please see:
http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/theft_breach_of_trust/
Alex
Customer: replied 2 years ago.
Under what circumstances do they suspend sentencing?
Customer: replied 2 years ago.
Also how long does it take for the police to get in contact and in what way do they do that? I was told that the police had been informed on Saturday but nothing would be done until Monday and I have heard nothing since.
Expert:  Ash replied 2 years ago.
It really depends whether the Court feels its necessary for immediate custody, your plea, mitigation and whether you can comply with any requirements of the Probation Service.
The Police can take weeks to get in contact, there is no time limit sadly.
Alex
Customer: replied 2 years ago.
Sorry I know I sound very stupid but what does Mitigation mean?
Expert:  Ash replied 2 years ago.
To lessen the sentence.
So if you plead guilty for example, that lessens the sentence.
Alex
Customer: replied 2 years ago.
Will they take into account that I have two small children when sentencing?
Expert:  Ash replied 2 years ago.
No, as you should have thought about then when the crime was committed.
Having children is not a defence or mitigation I am sorry to say.
Can I clarify anything else for you about this please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
The police arrived at my house last night for a chat but I was not in and they then we're meant to return later and did not turn up. I then got a phone call asking if I could go to the police station today so we can "have a chat and hopefully resolve this" Does this mean I will more than likely be interviewed?
Expert:  Ash replied 2 years ago.
Yes I would think so.
Alex