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What to expect ? Theft by Employee

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What to expect ? Theft by Employee

Postby observerpdp » Sun Jul 23, 2017 5:23 pm

After Voluntary police interview many many months back, Charged with theft by employee (Contrary to sections 1&7 of theft act) and summoned to Magistrates court (postal requisition).

£1000 cash value, the amount has been returned to the ex employer. No previous convictions.

Jail time looms surely ?

HELP
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Re: What to expect ? Theft by Employee

Postby 3.14 » Sun Jul 23, 2017 5:31 pm

I have dealt with people who have pleaded guilty to the same and the value was slightly higher (£2500). The man was about 21 years old and a part timer, studying to be a teacher and they were convicted and received a suspended sentence of 3 years.
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Re: What to expect ? Theft by Employee

Postby observerpdp » Sun Jul 23, 2017 5:44 pm

thanks for your input , really appreciate that.

Do you think the process will be sorted in the magistrates court and on the same day ?
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Re: What to expect ? Theft by Employee

Postby 3.14 » Sun Jul 23, 2017 6:00 pm

On that, I have no idea but MAZ JP might know.
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Re: What to expect ? Theft by Employee

Postby Maz JP » Sun Jul 23, 2017 6:16 pm

3.14 wrote:On that, I have no idea but MAZ JP might know.

Hard to be definitive on sketchy information, but assuming it falls within our jurisdiction (and it sounds as though it definitely does) then the answer is probably No. As laid out, it is almost certainly past the community order threshold, so a court would normally ask for probation reports. Depending on the offender background and probation workload, this could be done on the same day, but is more likely to take three weeks after the first appearance.

With no previous, and the money returned, custody is really not inevitable.
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Re: What to expect ? Theft by Employee

Postby dls » Sun Jul 23, 2017 6:32 pm

Theft by an employee is always treated more seriously.

A big question is whether that employee was entrusted with responsibility for cash/finance (though if not the theft can be more difficult).

Undoubtedly the accusation and plea raises the possibility of a prison sentence. It is a situation where legal aid should be available and a solicitor should be presenting the defence.

Magistrates can only sentence to a maximum of six months. If they think a longer sentence might be appropriate, they would send it to the Crown Court. Has that decision been made?

Treat it seriously. Allow for but do not expect the worst.
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Re: What to expect ? Theft by Employee

Postby observerpdp » Sun Jul 23, 2017 6:49 pm

The employee was trusted as you say to perform cash duties once every 4 weeks outside of the employees job role. The employee was only with the company 5 months with no training. Any grounds for debating degree of trust/responsibility.

The decision you mention hasn't been made yet.
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Re: What to expect ? Theft by Employee

Postby 3.14 » Sun Jul 23, 2017 6:51 pm

observerpdp wrote:The employee was trusted as you say to perform cash duties once every 4 weeks outside of the employees job role. The employee was only with the company 5 months with no training. Any grounds for debating degree of trust/responsibility.
Did the employee have to be trained not to steal?
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Re: What to expect ? Theft by Employee

Postby observerpdp » Sun Jul 23, 2017 6:55 pm

Certainly not.
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Re: What to expect ? Theft by Employee

Postby 3.14 » Sun Jul 23, 2017 7:15 pm

The question of training or lack therefore should have been something he/she should have brought up during his/her disciplinary. What we are discussing now is a separate matter with regards to the trial. What is needed here is legal advice and I would strongly recommend that he/she obtains legal advice.
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