Caught Shoplifting in Scotland and CRB'S - Please Help !

[wendy33]

I was arrested for shoplifting in a supermarket in November 2006, I paid tesco a fine of £80 through civil recovery, was taken to the station fingerprinted and mugshot taken. They then sent my details to the procurator fiscal and I got a letter back about 4 weeks later that basically said - we have reason to believe you tried to commit a crime however due to the circumstances the matter wont be taken further, if you do this again I will have no choice but to prosecute- words to that effect. I have absolutely no idea if this means I have a caution against my name or not, can anybody please help as I was made redundant from my job 3 months ago, and Im terrified to apply for any jobs that want disclosures in case it shows up. Not that it matters, but I was having a particularly difficult time when it happened and Ive never done anything else since. I would really appreciate any insight. Thanks

[Lisa0803]

Wendy If you had recieved a caution then you would have been told you were being cautioned (usually by a sergeant) and would have recieved a peice of paper saying that this is what has happened. (It would clearly state that you have been cautioned)

Unfortunately I am not too great with Scottish law, however I presume in terms of dishonesty it follows very closely to that of English law. It sounds to me as if Tesco have have taken the matter into their own hands and have reclaimed costs through civil remedy and the police although have taken your prints and photo have had no further involvement.

From what you have said I can't see this cropping up on any checks such as a CRB. Cautions do not generally show on CRB checks anyway. As it is dishonesty it will be up to you if you disclose this to a new employer! But it does seem that you have learnt from this experience!

[wendy33]

Thanks Lisa I definitely didnt get any piece of paper re a caution, or a sargeant chat. I didnt know if the letter telling me to not do it again was a caution...I now understand this isnt the case. I really appreciate your help and you are right, I really did learn my lesson ! Thanks for taking the time to respond :)

[jno]

don't know about Scotland but further south a caution is a formal thing that you have to sign for, to show you accept it; so you'd know if you had one.

[wendy33]

thanks jno, yep definitely didnt sign anything, just got the letter from the procurator fiscal telling me it wasnt going any further and to keep my nose clean.. I know I was arrested though, and I suppose there is always the risk that the arrest will show up on an enhanced CRB. When I was arrested and they asked if I had anything to say that could be used in evidence against me- I said Im sorry. I think thats what stopped me getting a caution and the police said they would send a positive report for me. It scared me enough to never be so stupid again thats for sure

[sillymilly]

You will def be told if you are being cautioned. And the shop would have to prosecute for you to be taken to a police station and cautioned, so it looks like you are in the clear. plus over here in N.I cautions do show up on police checks. they stay on your record for 5 yrs!