Employee Theft HELP, I am terrified

[Christen]

Hey all,
Recently I have been accused from stealing £20 out of the register at a big high street chain in the UK, the company I worked for as a Christmas temp. I actually did commit the crime and I feel incredibly stupid and really ashamed of my actions. They told me that they would pass it on to Retail Loss Prevention. I told them it was my money. The CCTV could be inconclusive, though the register may be a bit off. I have never done anything like this before and this is weighing down on me really heavily. This past month I have been suffering from depression and taking someone else's medication for it which obviously doesn't help my judgement.

I am full of regret and terrified of the consequences, mainly a conviction that will impact my future job hunting. I am only 23, I feel really lost, can someone help tell me the likely outcome? Should I go and apologise? I really don't know if I can take this much longer and I cannot stop thinking about it.

[des8]

Hi and welcome.

Answered on the other thread but as Boots have their money back there is little mileage in reporting it to the police, and other than any confession you make they may not have sufficient evidence to prosecute.
You were also on medication and suffering from depression (being treated by doctor for it?) which could affect your judgement.

If you admit the offence unnecessarily to the police you will possibly end up with a caution, which although not a criminal conviction, could still be declared on any DBS check.
That is why if you are asked to go for a police interview (to sort things out) you always take a solicitor.
The police will be looking for a quick clear up, which may mean you accept a caution when you don't need to.

[Christen]

Surely they will want to punish me in some way or another? Are you saying that it is more likely if I give a confession to their investigation department, they will use that against me, rather than understand the circumstances and not bring in the police?

I want to make things certain instead of everything going on in my head right now. If I apologise, everyone knows where they stand, do you think they will then get the police involved and have a case?

Sorry if the questions are too much, you are really helping with my mindset by answering. Please, may I know how it is you are involved with the legal system?

[Christen]

Is it possible and legal to offer compensation instead of calling the police?

[Christen]

des8 or someone else who knows, please respond to this, i'm losing it over here

[des8]

sorry for delay, but busy elsewhere sometimes!

I am not "involved" with the legal system in any way.... just been around a long time

Try not to stress out over this incident.
In the grand scheme of things it is a very minor misdemeanour, it was not the great train robbery.
It is not upto Boots to decide if punishment is appropriate or not.
We have legal systems in the UK for that.

What you want to do is minimise the effect upon you.
I don't know what the exact circumstances were, nor do i know what you have told your ex employer.
Although there is an element of betrayal of trust, the actual amount involved is negligible.
I don't know how they will react.
I do know you have certain rights, and one of these is not to incriminate yourself, altho' as you appear to have repaid the money you have possibly admitted the theft.
Whether you apologise or not will probably not affect their decision regarding police involvement.
If you are invited to speak with the police, do take a solicitor.

[Christen]

Thank you des8, your answers on here are valuable to a lot of people, you have helped to ease my mind a bit and get me back on the right track.

Today I saw a solicitor. Despite not sounding too confident in her advice due to the uncertainty around Boots procedure, she said the same as you that I probably should not apologise and convict myself. Regardless, in a few days I have a meeting with the investigator as it has already been set up and I think it would look weird to cancel.

I wanted to ask further, if he says something that indicates Boots will have sympathy and not call the police, do you think I should trust him? Would it still be better to not admit guilt and hope that he cannot find evidence? I have heard stories where they claim such things to coax out a confession and then call the police regardless.

[des8]

I can't say whether or not you should attend that meeting, but I would be very wary!
If you do attend, can you take someone with you to make notes?
I would also tell the "investigator" that you will only attend if the interview is recorded and you are given a copy at the time (make sure it has recorded all the interview before leaving) or you are permitted to make your own recording.
I wonder if the "investigator" is trained in interviewing suspects, and do be careful of thinking he is a nice guy and helpful.
Just because they say they have evidence doesn't mean they actually have evidence that will stand up in court!
Don't be too ready to put your hands up thinking they won't take it further if you admit to it.

But I don't know for certain how they will react.
It is only a small amount, but it involved a breach of trust.

[Christen]

A few days have passed and I have calmed down a bit. I thought about it and yes, there is a chance I will end up at the police station receiving a caution but perhaps I can negotiate down a way that does not affect my future whilst I am there. I am truly repentant and I am looking to go into a profession that may be affected by a police caution - there is a chance with explanation they may see this side, I hope. We'll cross that if bridge if it comes.

Regarding the meeting, I have thought about what you and others have said, and I don't think I should attend. He will be manipulative and I don't know if I can trust his words, after all he is just doing his job. I was going to send a text claiming I cannot attend and outline the things I was going to tell him in the meeting such as my mental state, that I will not be around to attend future interviews (undertaking a professional career development event soon ~ trying to indicate to him how bad this situation could get for me) and that I want more information about what is going on. Do you think I should even send a text as detailed as this, perhaps a simple cancellation is enough?




*A side note - I have felt devastated and near suicidal at times recently, this situation has not helped, there are people way more vulnerable than me out there too. I realise coming to a forum like this where people can give their knowledge to help others is so so valuable. Good people do bad things sometimes, not everyone sees it this way. Thank you so much des8, I needed to hear some of the stuff you have said*

[des8]

I think you are wise not to attend.

With the Investigator (and the police) it isn't a question of trust, but viewing the matter from their side and guessing what their objective is.

Boots are convinced you did wrong and probably want to get you to convict yourself with a confession. There is no point pleading mitigating circumstances with them.
Police probably will want a quick clear up with minimum paperwork, but they have to consider Boots as well.
That is why you take a solicitor with you to the police..
.
You might like to have a quick read of these two sites (not a recommendation for these two firms per se, but it will give you a better idea of why you should always take a solicitor if invited to a police interview)
https://www.wellsburcombe.co.uk/soli...ice-interview/
https://cartwrightking.co.uk/areas-o...under-caution/

[Christen]

Update: I cancelled the interview with Boots and they responded that they had "reviewed the CCTV and will act upon it". After that Boots contacted the police. I presume they have CCTV evidence based on their text. I received a police call only around a month after the crime was committed where they said to me that I will be interviewed under caution. The policeman was quite polite and suggested on the phone that I don't take it further than the interview i.e. accept the caution. Afterwards, I contacted a local legal services charity that will provide me with a free lawyer to help in the interview. The interview will happen sometime in May so I will post another update then.

I am very worried about receiving a police caution still, but my mental health has improved somewhat after visiting a doctor. Does anyone have any advice on how to go about the interview? Does anyone know how sympathetic the police may be in this situation?

[des8]

The police are always sympathetic.... they hope to get through this quickly and mark another one "solved"
Being sympathetic gets you to open up and incriminate yourself, perhaps unnecessarily.
That's why you take a solicitor with you.

[Christen]

To conclude, I had my police interview at the beginning of May and the outcome was as good as I could have hoped for considering I am guilty. The lawyer told me to not try and explain the troubles in my life at the time, for fear of looking like I need sympathy.

I apologised as honestly as I could and the police reduced the charge from "theft from employer" to "theft". I was given a caution which will be immediately spent, won't show on most DBS checks, but will show up on an enhanced check i.e. for work with children, animals and vulnerable people. I'm glad for this learning curve ultimately.

The police were good about the whole thing and after the interview concluded, I spoke to the officer and let him know I felt uncomfortable about my lawyer telling me to lie about the depression (didn't mention the anti-depressant drug abuse) that led me to do this. He didn't seem that interested so I guess the lawyer was right.

Overall, thanks for all the help from DES8 and NOTRAM because a few months ago, I was really losing my mind and this theft was the tip of the iceberg; without sound advice to calm me down, I don't know what would have happened. If you're in a similar boat, don't worry, everything gets better eventually.

[des8]

Thanks for letting us know the outcome.
Now is time to put it behind you and get on with the rest of your life,

[Christen]

Three years on and I have finally had this police caution removed from my criminal record.

I should amend what I said previously - 100% do try to explain mitigating circumstances to the police in any interview. 100% give it a go. They often will have sympathy, and if needs be, the fact that you tried can be used when you try to get the caution removed later.

For removal, I got in touch with Matt Elkins at Legisia Legal Services who specializes in removing police cautions. The service cost around £3000, far greater than the £20 I had stolen. If you plan on working with vulnerable people or emigrating to another country incl. USA, Aus, NZ, Japan, Saudi then you will need to have your caution removed. I am told it is >85% rejection if you try to use the police's service directly, Matt had 78% success so I went the lawyer route. He was great and I highly recommend to anyone at this stage. Expensive but worth the freedom. Remember most cautions for theft CAN be removed!

I wanted to give the most comprehensive answer I could on this forum for others in the same boat as I was. Message me if you need any further help or info.



P.S. Great to see des8 is still posting on legal beagles. Thank you again.