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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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Myself and husband have been caught shoplifting. We have no

Resolved Question:

Myself and husband have been caught shoplifting. We have no previous convictions, were cautioned and a report is being sent to the procurator fiscal. The value of the goods was £434 but we had items from other stores that we had no receipts for. What can we expect? Our 6 year old daughter was with us and we were cautioned in the store, banned and from the shopping centre.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You will each be fined. I presume there was a full recovery of the goods.

As you are first offenders the fine is likely to be restricted and will be dependent on your financial circumstances. You will receive a summons to appear at either your local sheriff or district court within the next few months.

Happy to discuss any specific queries you have.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
What will happen at court
Expert:  JGM replied 3 years ago.
If you are pleading guilty the procurator fiscal with give a brief narrative of what was stolen, the value and what was recovered. Then you or your solicitor can give a plea in mitigation saying why you did it, the fact that you are a first offender and that you are sorry, you can give a bit about your personal circumstance, the court is likely to impose a fine, which you can ask to pay in instalments, then you can go home.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Will there be any record of this i.e disclosures etc and if so for how long?

Expert:  JGM replied 3 years ago.
This will go on your criminal record and you would have to disclose for five years after which time you don't for a basic disclosure but it will show up on a standard or enhanced disclosure and on a PVG search. These latter three are only relevant of you intend to work in certain occupations, with people, children, in a bank for example.
Customer: replied 3 years ago.

Will it be recorded in any newspapers and what time frame woul dbe expect to here from the fiscal?

Expert:  JGM replied 3 years ago.
Whether it's in the newspapers depends on whether there is a journalist in the court that thinks the case is worthy of reporting.

You would expect to hear from the fiscal within three to six months. You might be lucky and be offered a fixed penalty for this as it's a first offence and they are trying to avoid prosecuting minor crime in the courts nowadays.

If you get that then it won't go on record and you would each simply pay a fixed penalty fine of £60 or thereabouts.
Customer: replied 3 years ago.

Should I seek a solicitor just now or wait until I receive word from the fiscal?

Expert:  JGM replied 3 years ago.
Wait to see what happens.
Customer: replied 3 years ago.

Thank you so much for your time.

Expert:  JGM replied 3 years ago.
You're welcome.
Customer: replied 3 years ago.

Sorry, another question, the police mentioned social work because our daughter was there. what comes of that? Is there a time frame for this?

Expert:  JGM replied 3 years ago.
No there is no time frame but this might just be the police mouthing off. At most you'll get a visit from a social worker to check that your daughter is being looked after properly. The fact she was with you is only relevant if you wee using her in any way to commit the crime.
Customer: replied 3 years ago.

Thanks again. If it goes to court would our PVG updates be sent to our employers?

Expert:  JGM replied 3 years ago.
Yes, if you are in occupations where they get PVG updates.
Customer: replied 3 years ago.

OK Thanks for your time