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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10906
Experience:  30 years as a practising solicitor.
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I am 62 years old and never been in trouble before. I was

Customer Question

I am 62 years old and never been in trouble before. I was caught on cctv and charged with shoplifting to the value of £3.99. Would I need to appear in court or can you plead guilty by letter. What is likely to happen. I am terrified.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

I don't think they will prosecute this. They will either issue a fixed penalty or they will send you to a social worker under the diversion from prosecution scheme.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

iDo you need to go to court for a fixed penalty? I was told by the police I would hear from the procurator fiscal. Can I be sent a fixed penalty without going to court as I have already been charged.

Expert:  JGM replied 3 years ago.
No it's sent in the post.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10906
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Would the procurator fiscal send a fixed penalty by post even though I have been charged.

Expert:  JGM replied 3 years ago.
Yes. Happens all the time.
Customer: replied 3 years ago.

When I was charged they said theft of a bottle of wine and other items, they could not specify other items, can they do that without listing them, I was not charged until I returned to the shop 2 hours later. I was not caught with anything on me, they said they had it on cctv. Can they do that?

Expert:  JGM replied 3 years ago.
Yes CCTV evidence is admissible.
Customer: replied 3 years ago.

It was only a bottle of wine £3.99. There was nothing else. How can theycharge me with other items they cannot specify. I asked them what they were, they could e not tell me. Is that allowed? Do they not need an amount of money?

Expert:  JGM replied 3 years ago.
They have to prove it somehow. If they can't specify the items from CCTV they won't be able to and they won't be able to charge you with anything other than the wine but as I say they are unlikely to do so of you are a first offender.
Customer: replied 3 years ago.

The police did charge me with a bottle of wine and other items.would the procurator fiscal accept that. I am most definitely a first offender. I am sorry to go ona bit but I am really worried.

Expert:  JGM replied 3 years ago.
Your crime is very low on the scheme of things and I very much doubt that they will prosecute. This all I can tell you from the information you've provided.

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