How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

My wife was stopped lifting today and the police called, she had to return t

This answer was rated:

Hi.. My wife was stopped for shop lifting today and the police called, she had to return to police station in the morning to make a statement she says she missed items in her pram and offers to pay for them but was told no??
What would you like to know about this please?
Customer: replied 2 years ago.
Basically options, my wife can't have a caution as she starts training to be a midwife,so dos and don't of what to say tomorrow
If she can't accept a caution then that is a problem.
She can always make a no comment interview if she cannot deny the offence but then she may well be charged and sent to court.
Some constabularies do offer the fixed penalty fine for shoplifting of a sum under £100 but that is a risk as she would have to admit the offence.
Obviously a conviction is worse than a caution though so it is a high risk strategy.
I'm afraid it isn't likely that she would escape with nothing. If a conviction is the only other option then probably she should take the caution unless, of course, there is a massive hole in the evidence.
Can I clarify anything for you?
Customer: replied 2 years ago.
Ok, but surely it's deemed unreasonable not to except payment?? She did have a young child with her??and does she have a strong enough case to go to court with??
No. They are perfectly free to do that and, in fact, there is no basis to accept payment.
Offering payment after the offence does not mean there isn't an offence.
No, she doesn't have a case at all. Making an offer to pay when stopped is not a defence to the charge of theft. If that is what she is hoping then she should accept the caution as she will be convicted at court.
Having a young child is a non issue save for the fact that actually it aggravates her offending rather than mitigates it.
Customer: replied 2 years ago.
So even though it was a genuine mistake, our best hope is to take a caution?? Not court action??
Customer: replied 2 years ago.
So who's decision is it on the course of action to be taken now, police or department store??
A genuine mistake would amount to a defence.
Then she should be answering questions in interview
Obviously though she takes the risk of being disbelieved and convicted at court. Depends how reasonable the mistake was.
It is the decision of cps bit realistically they are likely to charge
Customer: replied 2 years ago.
Ok so can we refuse a caution and go to court,if we feel hard done by
Nobody can make her accept a caution.
It is obviously better than being convicted at court though so it might be that she should would be better off.
I'm happy to continue with this but please rate my answer.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
So worst case scenario what would be the outcome if I persued court action and lost... Bearing in mind total cost of items was under £50
Customer: replied 2 years ago.
So worst case scenario if I decide to play hard ball in the morning???
Thanks ross
They would charge her and send her to court where she could be convicted.
The sentence wouldn't be severe but she would have a conviction