Fined For Theft, Worth An Appeal ?

[Greggg]

Few nights ago me and my friend have been given an £80 pound fine for stealing milk bottles, we were both highly intoxicated and dont remember much of the encounter with the police officers. All I remember is that the officers gave us the choice to either sign some paper or be taken into custody, naturally we signed the paper and wondered off. Now I am wondering if there is anything I can do in order to reduce the fine or get it of my record ?

Thanks for any help in advance.

[Buenchico]

To be pedantic, it's not a 'fine' but a 'fixed penalty'. It doesn't form part of a criminal record and, as such, there's no rehabilitation period. i.e. if a potential employer, or an insurer, asks if you've ever been convicted of a criminal offence you can lawfully answer 'No'. (The only exception would be in certain occupations, such as working with children or vulnerable adults, where a DBS check is required).

The piece of paper you were given is similar to the form which would be sent to you after a minor speeding offence. It invites you to accept that you committed the offence, and to pay the fixed penalty. However you don't have to do so; you are free to 'have your day in court' and to challenge the evidence. But once you've paid the fixed penalty you've admitted the offence and you can no longer challenge it.

Your chances of getting the penalty revoked, or reduced, are effectively zero. (After all, it's only the same penalty as for dropping a fag end on the pavement). Any legal challenge would almost certainly cost you thousands of pounds and be completely pointless anyway.

Chris

[ladybirder]

So that's a No then:-(

[FredPuli43]

And if it had gone to trial, the court would remember the old common law rule: "a drunken intent is still an intent". It's reasonable to suppose that the police witnessed you either removing or in possession of the milk bottles and the evidence was sufficient for a case of theft. And saying that you couldn't remember anything about it wouldn't help you. Gunther Podola tried that line. He was hanged, the court rejecting that argument !

[RATTER15]

Go on, give it shot!! also try to do the coppers for harassment, be sure to come back and tell us how you get on!

Good luck!

[mallyh]

why do the coppers for harassment ?they were doing their job

[Buenchico]

Mallyh:
I think that Ratter's tongue was firmly in his cheek when he posted that ;-)

Greggg:
My reference above to any challenge costing you thousands of (wasted) pounds assumed that you've already paid the fixed penalty. If you haven';t, you can still take the matter to court (at a far lower cost) but you'll almost certainly still end up being fined and having to pay costs and a 'victim surcharge' on top. Further, you'd then have a criminal record, meaning that you'd have to declare your conviction until it became spent (after 5 years).

[ladybirder]

Ratter was being facetious mally:-)

[RATTER15]

Who me facetious? ;-)

[mallyh]

yes rather embarrased realised that after i posted big sorry ratters

[RATTER15]

mallyh, lol, apology not required :-)