Advice about Enhanced DBS, Univeristy and Social Work

2

Comments

  • I really do need to think more in rushed decisions. I've never been involved with anything like this or the police so I was extremely worried and scared. We had been on a night out and I was staying at her house. I was pretty drunk but the most I can remember is my purse was all over the side of the kitchen, coins and my cards and hers was too as we'd used different bags etc. Not thinking I just gathered everything up and put into my purse and never gave it another thought. When I went to use the card I just used my contactless as I normally do and nothing was thought of it. She never realised as it was a credit card. I only use my credit card every now and then as I'm trying to rebuild my credit score.
  • theoretica
    theoretica Posts: 12,303 Forumite
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    I hope you have already paid her back in full. It isn't the sort of thing you offer to do, it is something you just do. Having paid her back can do you no harm in future dealings with the police - you were the one to tell her you had it, and paid it back immediately.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Ermmm.... You used the card once, but then again you used it several times, and it was totally accidental because you have several cards which I assume are yours but you happened to have her card (how? Not even my best friend has my card!!!)

    The hole you are digging is bigger. It started out unbelievable and has ended up on another planet. They won't believe any of this - even I am thinking that you are not a suitable person to be working with vulnerable people, and that's based on your version of the story.
  • t0rt0ise
    t0rt0ise Posts: 4,276 Forumite
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    sangie595 wrote: »
    Ermmm.... You used the card once, but then again you used it several times, and it was totally accidental because you have several cards which I assume are yours but you happened to have her card (how? Not even my best friend has my card!!!)
    She just explained how she ended up with the card by mistake. She has also said that she used the card several times contactless and then realised her mistake when she had to put the PIN in and it didn't work. It does make sense.


    I hope OP that you have paid back the money you spent. I would hope that if you did that immediately, your friend would accept and drop the complaint.
  • Savvy_Sue
    Savvy_Sue Posts: 46,021 Forumite
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    t0rt0ise wrote: »
    I hope OP that you have paid back the money you spent. I would hope that if you did that immediately, your friend would accept and drop the complaint.
    Even if your friend does not drop the complaint, I can't see that this would be taken to court if you refused to accept a caution.

    You need to do some research on this - google 'should I accept a police caution' - and be prepared to get legal advice. The police will tell you that if you accept a caution it will all be over and you won't have to go to court, but what they don't tell you is that the caution will show on your DBS.

    If you don't accept the caution, then it's up to the CPS whether or not to prosecute you. If you've repaid the money, I can't see that it's in the public interest to do so. If you've repaid the money and have a reasonable explanation for what happened, even more ditto.

    I would also, as a matter of urgency, work out what you will say to explain why you left this job, presumably without having another one to go to. And I hope job-hunting goes well.
    Signature removed for peace of mind
  • t0rt0ise wrote: »
    She just explained how she ended up with the card by mistake. She has also said that she used the card several times contactless and then realised her mistake when she had to put the PIN in and it didn't work. It does make sense.


    I hope OP that you have paid back the money you spent. I would hope that if you did that immediately, your friend would accept and drop the complaint.

    The friend may well go to the Police and ask to "drop the complaint" but the Police may go ahead and prosecute anyway.

    The Police don't need the friend's agreement to prosecute the OP, although lack of co-operation by the friend may make it difficult to get a conviction.
  • I unfortunately haven't paid her back, I have tried to ring and message her but she won't reply and has deleted me off social media.

    I've been advised not to keep pestering her as this could make the case worse. If I had her bank details I would happily transfer it. I would personally go to her house but I feel like that might cause more hassle
  • Savvy_Sue
    Savvy_Sue Posts: 46,021 Forumite
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    The friend may well go to the Police and ask to "drop the complaint" but the Police may go ahead and prosecute anyway.

    The Police don't need the friend's agreement to prosecute the OP, although lack of co-operation by the friend may make it difficult to get a conviction.
    Although technically, it isn't the police who make the decision to prosecute, it's the CPS. The police investigate, and pass their findings on to the CPS.

    From the CPS home page:
    to charge someone with a criminal offence, prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction, and that prosecuting is in the public interest.

    So:
    evidence - yes the OP admits using someone else's card, but alleges that this was by mistake, and phoned the cardholder as soon as they realised the mistake, and - we're all hoping this is the case! - REPAID THE MONEY IMMEDIATELY.

    realistic prospect of conviction - tricky, given that the OP admits the offence, BUT by not accepting a caution (if one is offered) the police then have to send the evidence to the CPS

    prosecution in the public interest - I can't see how, not for a first offence, not for what is presumably not several £k, not if the money has been repaid.

    Having said all that, I believe you will need to declare this when you make your DBS applications, UNLESS and until you have heard from the police that they do not intend to take any further action, and I would get some advice about this. I know where I work, some of our staff need DBS checks, and both they and applicants need to tell us if they are under investigation.
    Signature removed for peace of mind
  • Savvy_Sue wrote: »
    Although technically, it isn't the police who make the decision to prosecute, it's the CPS. The police investigate, and pass their findings on to the CPS.

    From the CPS home page:
    to charge someone with a criminal offence, prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction, and that prosecuting is in the public interest.

    So:
    evidence - yes the OP admits using someone else's card, but alleges that this was by mistake, and phoned the cardholder as soon as they realised the mistake, and - we're all hoping this is the case! - REPAID THE MONEY IMMEDIATELY.

    realistic prospect of conviction - tricky, given that the OP admits the offence, BUT by not accepting a caution (if one is offered) the police then have to send the evidence to the CPS

    prosecution in the public interest - I can't see how, not for a first offence, not for what is presumably not several £k, not if the money has been repaid.

    Having said all that, I believe you will need to declare this when you make your DBS applications, UNLESS and until you have heard from the police that they do not intend to take any further action, and I would get some advice about this. I know where I work, some of our staff need DBS checks, and both they and applicants need to tell us if they are under investigation.

    I put police rather than CPS as I couldn't be bothered to go into a full on explanation about prosecution even though I remember learning about it in my first "Legal Process" lecture way back in my first year at university.

    You have done a great job of explaining it all though.
  • I unfortunately haven't paid her back, I have tried to ring and message her but she won't reply and has deleted me off social media.

    I've been advised not to keep pestering her as this could make the case worse. If I had her bank details I would happily transfer it. I would personally go to her house but I feel like that might cause more hassle

    Why can't you send her a cheque to repay her?
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