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Subject Topic: legal advice please
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08/1/2014 at 9:54pm
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Quote: Originally posted by Kelper on 08/1/2014
Qualified advice is what you should follow ... the rest is ... unqualified.



Of course...even people capable of giving qualified advice go camping, although without the full story only general advice can be given.



08/1/2014 at 10:38pm
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Solicitors can give wrong advice & you still have to pay them.

Wrong advice on forums is free.

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Regards, Jack+Jon.


04/2/2014 at 6:16pm
 Location:  cannock staffordshire
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update
I went to receive the caution as I took the testing kits but as they were given freely didn't know it was a problem .on my first interview at the police station I said this ,I have since fully explored the company appeals procedure and they are still dismissing me.i have returned to receive a caution to the police station and was told they want to re interview me .they said the value of items I took was over £1000 so im likely to be prosecuted. the policeman -on tape- went through the list of items they think I took and the value was approx. £500 he thinks as they had a lot of facts wrong.
he asked me if I had ever ordered the items I said yes , he asked me if I had ever cancelled the order -I had .
he asked me if anyone at the surgery past or present had ever given me permission to take them -yes they had- one dr who has left and a nurse who is still employed.he then switched off the tape and stopped the interview . I got the feeling he already knew the answers to these questions.
the surgery did seem determined to take me to court .
last night the pc rang me and said can I go for a caution on sunday.
I think they have realised they wouldn't get a conviction in court but that's just me guessing.now im not sure about accepting the caution as they must know -no crime has been committed .
what do you think?


04/2/2014 at 7:15pm
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"Theft is to dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it."

The only word within that definition which can be disputed in this case is 'dishonestly'.

Were your actions dishonest? Well, only you know that, but if you asked permission and were given permission to take the items by a doctor and a nurse, then possibly not. Did the doctor and the nurse have the authority to give you permission or did you believe they had?

If your actions were totally honest and you believe you had been given permission to take the items then there is no case to answer. You need a statement off the doctor and the nurse confirming they gave you permission. The police should obtain these as part of their investigation. If they haven't done so then they aren't doing their job properly as there are outstanding witnesses still to be seen. 

You really do need a solicitor's help and one should have been present when you were formally interviewed unless you declined the offer...which would have been very foolish.

They can't caution you if there is no evidence a crime has been committed and no likelihood of a successful prosecution.

Based on the information you have just given I would reject the caution (but get a solicitor to advise first). If you reject the caution, based on what you have said, it is unlikely the CPS will take the matter to court...no dishonesty - no theft.



04/2/2014 at 7:24pm
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For the police to caution you, you have admit the offence. If you do not admit the offence then they will not caution you. What happens after that is for the CPS to decide, not the police. The police will present what evidence they have to the CPS & it is the CPS who decide whether to procecute, not the police or your former employer.


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04/2/2014 at 9:10pm
 Location:  cannock staffordshire
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thankyou -I will try and speak to a solicitor tomorrow.
I did admit taking the items but I did not admit the guilt as I thought it was ok
il update on here
thanks again


04/2/2014 at 11:45pm
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You would be very wise to speak to a solicitor

Post last edited on 05/02/2014 00:06:22


05/2/2014 at 11:37am
 Location:  cannock staffordshire
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solicitor says take the caution and move on so that's what im going to do .at least it will be ended
thanks all


05/2/2014 at 12:12pm
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Wise decision. I wonder if the police are going to stick to theirs or change their minds again


05/2/2014 at 2:26pm
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2 Campers is right, the police do not have the right to determine whether you are guilty or not, they collate the facts, if they think a crime has been committed they then pass it onto the CPS and in your case the CPS would return it as no further action required, I had the same problem as you, my employer accused me of stealing and I knew that I hadn't done it, after 3 interviews and being placed on police bail, I challenged the police to charge me or to drop it, after 3 months they maintained that the CPS had told them I had no case to answer, sure! they did try the caution ploy I told them to forget that route, as it is used by the police to end the matter, saving face they call it. I was able to move on and it didn't affect me at all.

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art


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05/2/2014 at 2:39pm
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Caution is also good for the police as it affects their clearup rate. ie there has been a crime (because they get you to admit there has!), and they have "solved "it.



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