I've sold on missing company laptop

[james2018]

Hello, I'm new to this forum and seeking advice on Big mistake I made of summer of last year. I was working as contractor for a company for a short term and due to financial issues with bills and rent, i took a company laptop to burrow money against at a local cash generator. When it was due to buy back the laptop, I still didn't have the money. Few days later, I eventually got paid, but when I went to the pawn shop the laptop had been sold on. I thought all was forgotten until last week, I received a email from the local police asking me to come in for caution +3 interview. The company had did an audit at the end of year and traced the laptop via ip address back to the cash generator store via the programs installed on the laptop. The company contacted the police, who then visited the store and was advised the laptop was sold to them by me on buyback and has since been sold on.
At the recorded police interview I was presented with the evidence that the laptop was sold to them and photographs of my driving licence and blurred picture of myself when I opened my account with the shop over 2 years ago. I have used this shop a few times for putting my own phone, laptop, watch for short term loan and never been asked for ID or had my picture taken at the time. The police interviewer asked questions such as if anyone could of used my details to sell the laptop or if anyone matching my description could of taken the laptop to the pawn shop. I denied taking the laptop and said someone used my details to sell the laptop on. The reason I said this, is that I was scared and not getting much help from my solicitor. He was quiet all the way through the interview. The interview ended and it looks like it will be going to court; with the evidence staked up against me. The solicitor didn't say much after the interview.

After few days lack of sleep due to overthinking, stress and trying to decided what to do next, I write here for advice. My gut feeling to do now, is too own up to the crime and hope I only get a caution for the offence. I've never been in trouble with the police before and wished I admitted to the offence when interviewed over the weekend. My question is, is it too late to change my decision and avoided going to court, where there is a chance I get convicted. I'm also willing to pay the cost of replacing the laptop.
OR do I go to court and deny taking the laptop and saying that someone else from the company used my details to sell the laptop at the same pawn shop I'm registered with. The only thing I can say to help me in this situation is that the pawn shop only ask for the person name and address to confirm details. My picture is not taken at the time of sale. The Police office did mention that my picture was taken at sale of the laptop and showed me a blurred picture of me. But this is untrue as the picture of me is when I opened the account with the shop 2 years ago.

My solicitor did not say much after but I will contact him to get his advice. My gut feeling is that I will get convicted in court and it would of been best i admitted the crime at the caution +3 interview. I'm trying to avoid as much damage to my career and think caution would be less harmfully then a court conviction. How quiet my solicitor was, has not given me much confidence in backing me up in court. Please share opinion and advise in how I can avoid as much damage as possible. Open to all criticism and I admit I shouldn't have taken the laptop. Last year was a bad time for me but no excuse.

[des8]

Hi and welcome

Lying under caution could bring a charge of perverting the course of justice, better to make "no comment" responses.

You could ask for another interview, and if granted admit your actions.
Otherwise when it gets to court plead guilty.

As for a solicitor "not backing you up in court", do bear in mind that a solicitor has a duty of honesty. (Rule B1 1.2 2011 Practice Rules Law Society “A solicitor must act honestly and in such a way to put their personal integrity beyond question”) so you are putting him in a difficult position if you told him you were lying.

[jaguarsuk]

I assume you have been released pending further enquiries or have they charged you for the offence?

If the first I'd imagine they'll just go to get the CCTV of the day in question and the documents I assume you signed when agreeing the buy back arrangement. It won't exactly be hard to prove your not being honest.

However, if you get to be re-interviewed it also doesn't mean that you'll get a caution and they may still proceed to CPS for a charging decision.

If you have already been charged or they get a positive charging decision then you will go to court and you'll be asked to enter a plea. You will be able to plead guilty and if using the duty solicitor they can argue any mitigating circumstances you might have. These are migitgating factors in theft:

• No previous convictions or no relevant/recent convictions
• Remorse, particularly where evidenced by voluntary reparation to the victim
• Good character and/or exemplary conduct
• Serious medical condition requiring urgent, intensive or long-term treatment
• Age and/or lack of maturity where it affects the responsibility of the offender
• Mental disorder or learning disability
• Sole or primary carer for dependent relatives
• Determination and/or demonstration of steps having been taken to address addiction or offending behaviour
• Inappropriate degree of trust or responsibility

I would say from what you have told us:

There was some degree of planning involved,
You Breached some degree of trust or responsibility,
and Low value goods stolen (up to £500) and Little or no significant additional harm to the victim or others

In that case starting point for a sentence would be Low level community order, but does range between Band C fine – Medium level community order.

Fine Band C: Staring point is 150% of relevant weekly income with a range between 125 – 175% of relevant weekly income. Levels of Community order are explained here: https://www.sentencingcouncil.org.uk...-orders-table/

If the value of goods is between £500 to £10,000 and no significant additional harm or Low value with significant additional harm to the victim or others the starting point is High level community order, but the range of sentencing available to the judge is Low level community order – 36 weeks’ custody.

Before contacting the Police or deciding to plough on it might be a good idea given the potential consequences to make an appointment with a criminal solicitor to get some advice what to do. Some do have free consultations.

[james2018]

Thank you for the advice, it has been very helpful in making my decision.
I was released pending further enquires but since yesterday I've contacted my solicitors and requested a second chance to give a statement interview. I've just heard this has been accepted and now arranging a date for this to happen. The police have also asked my solicitor to have a prepared statement ready. I will be confessing to taking the laptop and mentioning my intention was to return it. I will also be remorseful and offer to pay for the laptop replacement.
I understand this might not work in my favour of only getting a caution and avoiding court proceeding but it's the best chance I can get.
I will keep this post updated and post the outcome.

Thanks again for your help

[james2018]

Hello everyone,
So I had my police interview yesterday morning and just found out I will be given a caution with conditions. The condition is that I pay for the cost of the replacement laptop (around £1000); and I can pay this in monthly instalments.Solicitor mentioned the caution will be spent after 3 months and it won't show on DBS checks. Not sure what this means, if anyone can advise?

I'm glad with the outcome, that this didn't go to court.

[jaguarsuk]

Hello everyone,
So I had my police interview yesterday morning and just found out I will be given a caution with conditions. The condition is that I pay for the cost of the replacement laptop (around £1000); and I can pay this in monthly instalments.Solicitor mentioned the caution will be spent after 3 months and it won't show on DBS checks. Not sure what this means, if anyone can advise?

I'm glad with the outcome, that this didn't go to court.

It means that if you commit no other offences within 3 months that it will be ignored in future. There's a great deal more info here: https://www.askthe.police.uk/Content/Q89.htm

A DBS check is something required to work with children, young people or people whom are classed as vulnerable and you'd know what it is if you needed one for your job, so not a problem for you unless you plan a career change in the next 3 months.

You've had a good result there considering the first interview, so just make sure you pay the money back now.

[des8]

There are a number of other exceptions where one has to declare spent cautions, listed in The Rehabilitation of Offenders act 1974 (exceptions) Order 1975
http://www.legislation.gov.uk/uksi/1...article/3/made

[warwick65]

Hi
Some info on when cautions show on DBS checks

http://hub.unlock.org.uk/wp-content/...by-the-DBS.pdf

The website is also really useful for finding out when convictions are 'spent'

It is a sad state of affairs but many companies now require some level of DBS checks even when you do not actively work with vulnerable people although sometimes these are necessary