Advice needed re community resolution report etc

[rebelyell]

I really need some advice in regards to a situation that has recently happened involving me. I'm not sure if this is the right section to post in though. I was with a group of friends shopping in a well known store and although I had no part in it it became apparent two of my friends had decided to steal a few items. After becoming aware of this I just panicked and left the store before them as I didn't want to be involved. To my horror they left the store ten to fifteen mins after me with a bag full of things and inevitably got caught seconds after by security but to my horror they grabbed me also (I had other friends who left the store with them but didn't get grabbed)
They said I knew why I was being detained and that police were on the way. I was absolutely terrified but very polite and showed them my identification as requested. I asked why I was being detained and they said I was an accomplice. Police then arrested all three of us with the intent to search us- obviously I had nothing so they de arrested me. I tried to dispute this but the police officer said if I didn't play ball I'd be arrested and my young child at home would be handed to social services whilst I was being dealt with. This scared me so I let them fill out paperwork. I was given a 12 month ban from the store and the officers filled out a community resolution report. The police officers said it was just outlining the incident and that is expect a fine in the post. I signed and quickly scanned this. Now I'm home I am trying to make sense of the officers handwriting and it looks like it says I detagged items and left without paying- is this actually fair as cctv would prove that I left the store with absolutely nothing and not with the others. I just find it unfair that I have been accused of theft when I didn't actually do this and I had no chance to explain myself as I was threatened with arrest and social services when I tried to put my side of things across. Do I just pay the fine and accept this or is it possible to dispute it because I didn't physically steal anything and have never been in trouble with the law in my life.

[des8]

Re: Advice needed re community resolution report etc

Hi and welcome.

If you received a "commnity resolution order" you will NOT be fined.
Fines are set by a court, but having received and accepted a CRO the case will not be going to court.
You do NOT have a criminal record, but if a similar event occurs this might be referred to.
It will not show on a standard DBS check (although there is a faint chance an enhanced check will highlight it)

The "fine" that was referred to will most likely be a demand for money from an outfit like Retail Loss Protection (RLP).
If you receive a letter (or half a dozen) from them you may ignore it.
They will request payment of £150++with a legalistic explanation of why you should pay it.
They work on the basis of scare and pressurising of the vulnerable, and really operate in the same way as vigilanties ie a "justice" system parallel to the official system.

The police officer who frightened you acted incorrectly, but tbh imo it would not be worth complaining.

Which shop was involved.

[rebelyell]

Re: Advice needed re community resolution report etc

Yes that's correct, I was given a banning from all stores form and on the back was an RLP note that said they would be in touch to recover money. On my CRO form it says an agreed amount of no more than £100. I don't really want to say which store as I'm so embarrassed as it is and disgusted in myself that I let myself be in that situation but it was out of my control once I'd left the store as the others were left to make their own decision. I just felt I was doing the right thing in the wrong situation and I feel upset that I was arrested and treated as a thief when I didn't take anything. I really feel the police handled the situation badly but I'm not that knowledgeable on the law and my rights so was quickly told to shut up or I'd make things worse for myself. I was scared when told that social services would be involved if I was arrested and my child would be put into care until I was dealt with so just kept quiet and accepted what I felt I had to.

[des8]

Re: Advice needed re community resolution report etc

Don't worry about naming the store... we've seen them all on here, and the police attitude is not that uncommon.
By signing the form you have admitted the offence and agreed to the remedy.
The situation should have been fully explained to you, and you should not have been threatened in the manner you state.

You did not actually have any stolen goods on you.
Did the other two persons have any goods?
If so were they recovered undamaged and in a saleable condition?
If so there is no reparation to be paid.
If the goods could not be resold all that could be claimed is the cost of the goods to the store (not the retail amount).

I assume you have not agreed to pay anything, let alone £100!!

Here's a list of Community Remedy Actions:

• Financial Compensation (payment of cost of damage or replacement of property)
• Reparation (repair of damage to victim’s property or work in the community)
• Parenting Contract (voluntary agreement signed by the offenders parent/carer/guardian outlining expected behaviour
• Acceptable Behaviour Contract (written agreement specifying behaviour)
• Verbal Apology to the victim
• Written Apology to the victim
• Restorative Intervention (facilitated process between the victim and offender to discuss the harm caused)

[rebelyell]

Re: Advice needed re community resolution report etc

Yes the two others in question did steal things I'm not sure how much but none was damaged other than them removing security tags from the garments. I felt like my explanation wasn't even allowed, he just told me to shut up, not argue and accept I was going to be arrested. I said why am I getting arrested and bought back here when I was outside and didn't steal a thing but his explanation was that I was seen on camera looking around the store with them which makes me an accessory so I'm just as much to blame. They never mentioned any payment at all so I don't know where the £100 even came from- I was just arrested , de arrested once searched and told it wasn't going to court and that if I re offended it would. I just find it ridiculous I was given the same treatment even though I didn't steal or have ever stolen anything in my life. The security man that dealt with us at first was much more polite and reasonable but the police officer, well that's another story.

[des8]

Re: Advice needed re community resolution report etc

[QUOTE=rebelyell;657958his explanation was that I was seen on camera looking around the store with them which makes me an accessory.[/QUOTE]

B******S
An accessory is he who is not the chief actor in the offense, nor present at its performance, but is someway concerned therein, either before or after the fact committed.(Blackstone..Commentaries)
To be an accessory before the crime is committed you have to encourage, or persuade a person to commit the crime.
You thought they were about to steal and so absented yourself
Just to be present with people who then commit a crime does not automatically make you an accessory.

Unfortunately, as you have admitted the offence, there is no formal process for rescinding the order, although you could complain to the Chief Constable about the manner in which your case was handled and the decision to impose it. You could also request it be expunged from your record.

However i doubt it is worth the effort or stress.