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15year old son charged with robbery

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  • RAS
    RAS Posts: 35,692 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No offence taken - I am a Finanical Analyst ( not really relevant) so not thick - and understood everything they said - implied it was not necessary to have a solicitor as a caution was the likely outcome - all changed today. Thanks for your support

    Hi

    I am sorry but plainly you were very badly advised (presumably by the police).

    Even a caution for theft would show up on his Criminal Record Check for 6 years and if he ever needs an enhanced check, it could show up for the next 20 years or more (there seems to be a little discrepancy in the way juvenile offences are handled).

    You certainly need to a solicitor urgently. You may be advised not to fight it but you need to speak to someone about the consequences in terms of his future career before deciding on action.
    If you've have not made a mistake, you've made nothing
  • paulofessex
    paulofessex Posts: 1,728 Forumite
    edited 29 April 2010 at 11:25AM
    It is important to note that by accepting a caution you are admitting your 'gulity' of the alleged crime.

    Interestingly going back to the advice given to the OP regarding her son possibly only being given a caution, the Home Office own rules are as follows:

    When do police use simple cautions?




    Police can only issue a simple caution if:
    • there's evidence an offender is guilty
      the offender is 18 years of age or over
      the offender admits they committed the crime
    • the offender agrees to be given a caution – if the offender does not agree to receive a caution then they may be charged instead
    There are no rigid rules about the particular situations in which cautions should be used – this is at the discretion of senior police officers.

    The only exceptions are more serious crimes like robbery or assault, which must always be referred to the Crown Prosecution Service.




    For youths aged 10 to 17, the options include:
    • reprimands
      final warnings
    • penalty notices for disorder, although only for those aged 16-17
    So it could be agrued that the officer gave incorrect advice, although will not change the sons current issue, but perhaps the officers senior officer needs to remind his/her staff of the law

    Info obtained from here
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    You learn from your mistakes, hopefully he has learnt his lesson and will think of the consequences before he acts again


    Hopefully he will also think about doing the right thing for its own sake, not just because there might be consequences if he doesn't.
  • pigpen
    pigpen Posts: 41,152 Forumite
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    If he doesn't commit any more crimes it will be removed from his record when he is 21.. and therefore not show up on CRB checks after then.

    My middle son has been on the receiving end far to often for me to offer much sympathy.. but it is crappy being the mum and not being able to do anything.. hopefully DS will learn a very valuable lesson.. even if he was not involved.. he could have spoken up and backed up the robbed boy rather than keeping quiet and walking away.. he could have offered his support to the younger boy.. even if he had waited until the older ones had gone.. maybe thinking of a few ideas/stategies for him to not get charged if there ever is a next time might be sensible..

    It is likely he will just receive a caution.. and his DNA on file forever..
    LB moment 10/06 Debt Free date 6/6/14
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  • mrcow
    mrcow Posts: 15,170 Forumite
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    Hi all, Would like some advice please..

    My stupid son - along stood with a group who were robbing a 12 year old - they took 5p - . Most were older than him so he did not say anythign to prevent it - I know he should have walked away and he knows that now.


    My good God!

    "He now knows he should have walked away"?

    A 12 year old is being mugged by a group of teenagers and you think that the solution is to walk away and leave them to it?

    How would you feel if that was you being mugged in the street and passers by just walked on by?

    Tell me that was a mistype and you're not serious!
    "One day I realised that when you are lying in your grave, it's no good saying, "I was too shy, too frightened."
    Because by then you've blown your chances. That's it."
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    i cant believe this is going as far as it has just for pinching 5p? what a waste of resources
  • mrcow wrote: »
    My good God!

    "He now knows he should have walked away"?

    A 12 year old is being mugged by a group of teenagers and you think that the solution is to walk away and leave them to it?

    How would you feel if that was you being mugged in the street and passers by just walked on by?

    Tell me that was a mistype and you're not serious!


    Was not a mistype ..I have spoken to him and he said he was too scared to speak out as the others were older - in an ideal world yes he would have stood up to them but he also has to go back to the same school with them and suffer any repercussions for 'grassing' - I have advised him he should have walked away and come home and told me and I could have reported it - albeit maybe anonymously
  • mrcow
    mrcow Posts: 15,170 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Was not a mistype ..I have spoken to him and he said he was too scared to speak out as the others were older - in an ideal world yes he would have stood up to them but he also has to go back to the same school with them and suffer any repercussions for 'grassing'

    Stepping in does not constitute "grassing".

    I'm not suggesting that he should have turned into some sort of have-a-go hero, but by standing by and doing nothing, he is as cowardly and as revolting as the rest of them (and yes, what they did was cowardly and revolting). Turning round to them and pointing out that what they were doing was wrong was the least he could do.

    He's as culpable as the rest of them.

    Has he even tried to offer an apology yet?
    "One day I realised that when you are lying in your grave, it's no good saying, "I was too shy, too frightened."
    Because by then you've blown your chances. That's it."
  • Artytarty
    Artytarty Posts: 2,642 Forumite
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    He was younger than them and weak.That does not mean he is going to turn into some kind of hardened criminal or even a bad person.
    Very unfortunate for all concerned, especially the victim ( I have been a victim myself, as a child, of sectarian abuse .).
    I hope the OPs son does come out of this"lightly" as you put t. Many of us have done things when young as a result of poor judgment that we now feel ashamed of.
    Norn Iron Club member 473
  • pigpen
    pigpen Posts: 41,152 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    amersall wrote: »
    i cant believe this is going as far as it has just for pinching 5p? what a waste of resources

    How much would it have to be to be 'unacceptable' then?

    10p? 50p? £1? his life?

    A crime is a crime and should be treated as such.. especially as some of these boys are already known to police and have a record.

    My cousin is out on license at the moment.. if he steals 5p he gets a 5 year stretch for it.. he started off spray painting walls and stealing penny sweets..
    LB moment 10/06 Debt Free date 6/6/14
    Hope to be debt free until the day I die
    Mortgage-free Wannabee (05/08/30)
    6/6/14 £72,454.65 (5.65% int.)
    08/12/2023 £33602.00 (4.81% int.)
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