Shopping at Asda.

[Jacqui]

Re: Shopping at Asda.

Sorry I did not get reading this. Police have just left and I have probably done the wrong thing but I could not stick going to a Police Station either on my own (no family allowed) or else with a Solicitor. I had two options and I have gone ahead with option one.

Option 1. Sign a confession that I shoplifted 29p from ASDA. It will stay on the police records for 1 year and providing I do not have any similiar incidents in that year it will be forgotten about.

2. Go to poloice station to make a statement. Be questioned by police over CCTV footage. This will then be sent to the PPS to decide if it goes to court which it could do even though it is only 29p. I would be cautioned and it would stay on my record for 5 years. I would then have a criminal record. I just could not face that.

The Constable looking after the case could not say anything about Asda but she was very fair and would not let me sign anything until my daughter was present, She said Asda never answer their phones and it is costing the police time and money.

[R0b]

Re: Shopping at Asda.

Hi jacqui sorry to rain in here but that fact that you've signed a confession that you've shoplifted what's to stop them from charging you anyway and then taking you to court for theft?

Part of the offence of theft is to have the intention to permanently deprive the other and if you were acting in honesty then there is clearly a high chance that the CPS will not proceed over 29p. The fact that you went to a self service checkout and paid money for the goods you intended to buy clearly gives an indication there was a mistake and you did not intend to permanently deprive Asda.

Sadly, as i said above, now they have a confession from you theres nothing stopping them from prosecuting you and then getting a criminal offence - at the very least you should have sought some free legal advice and I don't think they'll be telling you to take option 1! I understand it's your choice and you don't wish to go to the police station however you might be kicking yourself in a few months time if they do actualy prosecute you on this basis.

EDIT: Do you think in the interest of the public that the CPS want to take someone to court over 29p based on the circumstances? highly unlikely.

[MissFM]

Re: Shopping at Asda.

Jacqui - I have just read this thread over and over and still can't believe what I'm reading. Neither can I find words to express both my sympathy for you and feeling of absolute horror at your situation - that it could possibly arise in our country.

Is your MP Danny Kinahan? It's absolute nonsense, you know, that you cannot contact him because you have been (unjustly) accused of theft - for the criminal act of theft you would need proven mens rea (the intention to steal) and it's patently obvious that you simply made a mistake. You could only be legitimately adjudged to have committed a criminal act by a court of law and the police haven't even charged you - just inveigled you into making a "confession" of sorts under blatant duress.

I would love to see asda exposed for the callous, heartless, incompetent, petty, etc. organisation that they have here proved themselves to be - as would all posting on this thread. The press, social media etc. is probably the only way to do this if you have the stomach for it.

The behaviour of the police is, though, even more concerning - even more surreal that they can so badly misunderstand their function.

Do you have an elected regional police commissioner as we do in other parts of the UK? If so, he is another who should be made aware/perhaps copied in to this thread and asked to hold his officers accountable for such bizarre abuses of power and process - asking him to put things right.

How I wish I could think of something that would help - like everyone else on here I will try. x

[stevemLS]

Re: Shopping at Asda.

I don't want to be controversial but from Jacqui's account of the conduct of the PC she did, in fact, act very fairly and with a degree of compassion. The police don't give that many people they interview in their own home a choice of how they are dealt with..

It also needs to be remembered that the decision on whether to prosecute is not the police's it is for the CPS.

The CPS apply a two stage test in deciding whether to prosecute, firstly, is there sufficient evidence to suggest that a conviction is more likely than not; and secondly and of huge significance in this particular case is it in the public interest to prosecute. I simply cannot believe that in this case they would conclude that it was in the public interest to prosecute a "little old lady" (sorry Jacqui).

I am at least 95% certain that you can start to put this whole sorry episode behind you.

[MissFM]

Re: Shopping at Asda.

I don't want to be controversial but from Jacqui's account of the conduct of the PC she did, in fact, act very fairly and with a degree of compassion. The police don't give that many people they interview in their own home a choice of how they are dealt with..

It also needs to be remembered that the decision on whether to prosecute is not the police's it is for the CPS.

The CPS apply a two stage test in deciding whether to prosecute, firstly, is there sufficient evidence to suggest that a conviction is more likely than not; and secondly and of huge significance in this particular case is it in the public interest to prosecute. I simply cannot believe that in this case they would conclude that it was in the public interest to prosecute a "little old lady" (sorry Jacqui).

I am at least 95% certain that you can start to put this whole sorry episode behind you.

I'm sorry - I can't agree. 29 pee? It's ludicrous to even suggest that the CPS would find evidence to take this to court, that "theft" could ever be proved beyond reasonable doubt and result in a criminal conviction.

A total waste of police time. Duress.

[R0b]

Re: Shopping at Asda.

I'm sorry - I can't agree. 29 pee? It's ludicrous to even suggest that the CPS would find evidence to take this to court, that "theft" could ever be proved beyond reasonable doubt and result in a criminal conviction.

A total waste of police time. Duress.

You'd be surprised at what they do! If they did decide to prosecute then the admission could be used as evidence although there is the argument that it should not be admissible due to the police saying that they will not prosecute if she admits to it.

Either way, let's hope this doesn't happen!

[Jacqui]

Re: Shopping at Asda.

I would like to thank everyone for their comments. I am going to see if I can contact the media or the Stephen Nolan show which is our local radio station about this next week. I am not sticking up for the Constables that were here (one sat in the car) but she was very fair and I think if she could have done so she would have thrown the whole thing in the bin. I will also contact Mr D Kinahan who is my local MP and see what his thoughts are on this. Again thanks very much everyone and have a good weekend.

[MIKE770]

Re: Shopping at Asda.

29 pence what a sick joke these fleecers chance their methods of fleecing the public everyday with their so price comparisons etc charges.

all this for a measly 29 pence then this country as I have said in the past is well doomed,

[Jacqui]

Re: Shopping at Asda.

Also the Constable dealing with the case said it would not go any further if I signed the statement there and then. She said that would be my telling off and it is a slap on the wrist sort of thing and not to let it happen again. It will be on my record for 1 year but will not go on my record as a Criminal Offence.

[stevemLS]

Re: Shopping at Asda.

Jacqui, it doesn't even approach being a criminal conviction, you haven't been charged let alone convicted.

It will be what they call "local intelligence" meaning they will keep a note of it for a year, it won't even get on to the PNC.

[nemesis45]

Re: Shopping at Asda.

Sorry I did not get reading this. Police have just left and I have probably done the wrong thing but I could not stick going to a Police Station either on my own (no family allowed) or else with a Solicitor. I had two options and I have gone ahead with option one.

Option 1. Sign a confession that I shoplifted 29p from ASDA. It will stay on the police records for 1 year and providing I do not have any similiar incidents in that year it will be forgotten about.

2. Go to poloice station to make a statement. Be questioned by police over CCTV footage. This will then be sent to the PPS to decide if it goes to court which it could do even though it is only 29p. I would be cautioned and it would stay on my record for 5 years. I would then have a criminal record. I just could not face that.

The Constable looking after the case could not say anything about Asda but she was very fair and would not let me sign anything until my daughter was present, She said Asda never answer their phones and it is costing the police time and money.

Seems like your local police are trying to up their arrest/ prosecution levels this is a gross misuse of police time and money. I can imagine the magistrates reaction if the CPS took this forward cost of prosecution averages at around £88.00 300 times the 29 pence + plods time it's just not justifiable for this simple mistake.

Get on to your MP and the papers asap.

nem

[seduraed]

Re: Shopping at Asda.

surely .
it would under the heading of "de minimus"