What punishment am I facing?

[Steveeagle87]

Hi. I’m a manager at a local chain restaurant. On Sunday I took £2000 from the business safe with all of the intention of replacing it the next day. However, the money fell through and by Tuesday I could not replace it.
I called another manager in to work and explained what happened and knew the following procedures were to be suspended.
I later called the manager apologising for my actions and told him I will get the money back as soon as possible. They have now called the police and I was wondering what type of trouble I’m facing as I have never been arrested before and don’t really know how serious this is? I’ll be very grateful for any knowledge or advice given

[lgfa92]

I'd expect that they'd be looking a theft - Under the Theft Act, "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". The argument is likely to revolve around "the intention of permanently depriving the other of it".

The sentencing guidelines for Theft are here - https://www.sentencingcouncil.org.uk...theft-general/

[Steveeagle87]

My intention was never to try and deprive anyone of anything or deceive anyone.
from the link you sent, it says it’s a possibility of serving a custodial sentence. You think that’s the case here? I wasn’t caught out I owned up to my mistake and I’ve never been arrested before. Surely being sent to jail is a bit steep.
thank you for the time to reply also.

[des8]

As you put your hands up and confessed to the breach of trust before it was discovered it could be that the police won't pursue the matter with much vigour on the basis there is little point and it may be considered not in the public interest . You are unlikely to reoffend.
If the police do invite you to attend for an interview (unlikely to come round and put the cuffs on!) do not attend without a solicitor. If you do not have one request the duty solicitor be present (this is free). It is important; do not be lulled into a false sense of security by nice Mr Policeman telling you nothing will happen, just tell the truth. You need to be accompanied by a solicitor, it is your right.

Immediate custodial sentence unlikely, if it ever gets to court.
Might be a suspended sentence. with possible fine and restitution order
Due to range of sentences possible you need a solicitor to help highlight mitigating factors

[MIKE770]

[QUOTE=Steveeagle87;n1406035]My intention was never to try and deprive anyone of anything or deceive anyone.
from the link you sent, it says it’s a possibility of serving a custodial sentence. You think that’s the case here? I wasn’t caught out I owned up to my mistake and I’ve never been arrested before. Surely being sent to jail is a bit steep.
thank you for the time to reply als


intention does not over ride the act, therefore the outcome will be dealt with on that fact

[Steveeagle87]

That’s reassuring thank you. I’m not a criminal I’ve never done anything like this before and the management at work will give me a character reference, they didn’t even want to call the police but they had to follow protocol.
I accepted the stupid decision I made and owned up to it, I will face the consequences but after looking through the internet and seeing starting point is custodial sentence because it’s £2000 I just began to worry.
Thank you for your time and advice, very helpful.

[thedirtyhound]

Perhaps I'm stating the obvious, but why don't you get the £2,000 back to them ASAP?

[Steveeagle87]

The area manager yesterday morning told me I had 8 hours to find the money or he will call the police. I couldn’t get it. Now anyone who has that sort of money I know won’t lend it as I’m out of a job.

[lgfa92]

That’s reassuring thank you. I’m not a criminal I’ve never done anything like this before and the management at work will give me a character reference, they didn’t even want to call the police but they had to follow protocol.
I accepted the stupid decision I made and owned up to it, I will face the consequences but after looking through the internet and seeing starting point is custodial sentence because it’s £2000 I just began to worry.
Thank you for your time and advice, very helpful.

I'd expect it's unlikely a custodial sentence would be given for a first offence but it is an option the magistrates have and they can, quite rightly, consider all sentencing options. You need a solicitor who is used to dealing with theft cases as they'll be able to indicate what the usual level of sentence is - even with the guidelines different courts and different benches can up with different sentences.

[lgfa92]

The area manager yesterday morning told me I had 8 hours to find the money or he will call the police. I couldn’t get it. Now anyone who has that sort of money I know won’t lend it as I’m out of a job.

What happened to the £2K that you took ?

[Steveeagle87]

I had to pay off debts as I’m crippled with debt but was so positive I was able to get the money back. When I realised I couldn’t get it I panicked and gambles the rest to try win it back, which obviously was a stupid idea I know but I was in a hole and didn’t know what to do

[Steveeagle87]

And yes my debts are all because of a gambling problem, which is something I’m fighting. I have enrolled in counselling that starts in 2 weeks.

[wales01man]

Gamble on getting a lenient punishment by spending the stake money on a Solicitors advice they can speak for you and mitigate this for you.

[jaguarsuk]

And yes my debts are all because of a gambling problem, which is something I’m fighting. I have enrolled in counselling that starts in 2 weeks.

First offence and battling addiction are both mitigating circumstances your solicitor will be able to highlight if this ever reaches court.