I have been suspended

Errata

I can't see where the OP intended to pay back what they'd borrowed as they borrowed on two separate instances and haven't paid back for either of them - because they 'forgot'. Yeah, right.
So............... IMHO bollox to all the excuses, and I hope the employer throws the book them.

Uncertain

Taadaa wrote: »

Exept the conveniently forgot and moved house into the bargain, making it difficult for the lender to trace them, hence the reason she mentioned it to her brother. There is no proof they planned to give it back. And we have no idea what sum is involved here, it could be thousands :eek:

Sorry but people are mixing two issues here.

I have said repeatedly from my first post that this is very poor practice and is almost certainly gross misconduct.

However for reasons I've also explained and based on what we have been told I do not think this amounts to the crime of theft.

Were there to be such a charge the OP does not have to prove anything. It would be for the CPS to convince a court beyond a reasonable doubt that the money was taken without consent and with an intention to permanently deprive. Simply failing to pay back a debt on time does not, in itself, constitute theft.

In any case this is all irrelevant unless the person who "leant" the money claims that they did so under duress or that it was otherwise misappropriated. If they leant it of their own free will then their only option is to pursue a civil claim if it is not repaid.

Fergie42

robpw2 wrote: »

thanks for quoting the law and giving me a laymans term but if i want to read about criminal law i shall stick to smith and hogan , I have the 12th edition of the book on my bed side cabinet ,

Much more highbrow than what I have on my bedside cabinet

KiKi

Fergie42 wrote: »

Much more highbrow than what I have on my bedside cabinet

I don't even have a bedside cabinet.

trillion

I appreciate the kindness of members trying to help the OP out, but if by some slim chance they didn't lose their job as well as losing the right to work in the same sector again, would members like to think of someone like that 'caring' for their frail, blind mother in future?

marybelle01

KiKi wrote: »

I don't even have a bedside cabinet.

Please don't tell that to any of your clients

Uncertain

trillion wrote: »

I appreciate the kindness of members trying to help the OP out, but if by some slim chance they didn't lose their job as well as losing the right to work in the same sector again, would members like to think of someone like that 'caring' for their frail, blind mother in future?

Well you could ask the same question of any lawyer defending any person who they suspect may actually be guilty of the crime.

Their answer would be that everybody is entitled to a defence. It is their duty to present their client's case in the best possible manner within the law.

Treehugged

KiKi wrote: »

I don't even have a bedside cabinet.

I don't even have a bedside.

robpw2

Fergie42 wrote: »

Much more highbrow than what I have on my bedside cabinet

i have to keep my law books somewhere and i say bedside cabinet its a chest of drawers at my bedside lol

KiKi

marybelle01 wrote: »

Please don't tell that to any of your clients

Um...?!

(That kind've implies I run some dodgy escort business from my home, no?)