Guard interview under caution

sweetbird1980

Need some information please. Basically 14 months ago I was sacked from my job for placing ambiguous bets ,I worked in a betting shop. 6 months later I got a call from the guards asking me to come in and make a statement in relation to the allegations.. I made the statement under caution and did admit what I had done . Although I wasn't directly taking money from the till ,the guards did seem a bit confused as to the nature of my crime .. As it was using my position to place these bets rather than just taking it directly..It was around €800..I wasn't charged .They told me my statement would be given to the superintendent to have a look at and then passed on to the dpp and I should expect a summons in the post at the latest 3 months from then to appear in court . It's now been 7 months and I've never heard a word .. I've never been in trouble let alone given a statement and apart from deeply regretting my actions I am sick with worry every day since ,waiting on the dreaded summons .my question is would this time frame be normal & if the guards had decided not to pursue would they have informed me ?? Thank you

hullaballoo

What crime are you suspected of having committed? Placing ambiguous bets is not a crime.

Legal advice can't be given here but we can do our best to assist you without getting into the legal advice sphere. We'd need to know what the crime is though.

cml387

The op seems to have been deliberately placing ambiguous bets to gain financial reward, if I interpret his post correctly.

That could be construed as theft, I guess.

sweetbird1980

Thanks for your response .. Basically I would write the bet and make it so it could look like either €10 or €100 and ,if it lost change it €10,therefore pay €10 instead of €100.. The guards said it would fall under the "theft and fraud act". I was never told exactly what I would be charged for ... They said they would have to speak to someone with more expertise in that area to know exactly.. Thank you

sweetbird1980

I was interviewed 6 months after the alleged offence and since then another 7 months has passed . Thank you

D0NNELLY

I'd give them a ring

charlie_says

Don't you have to be charged first before a summons is issued?

mittimitti

Did you admit to this in your statement

We have no statute of limitations in Ireland for criminal offences and depending on how long it takes to put a case together you could be waiting another year plus before you see a judge

Fred Swanson

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sweetbird1980

I did admit to what I had done . But was never charged with anything ,only told id hear from them Feb/March at the latest .. I understand things may be delayed but i suppose I was wondering if the dpp could have decided not to press charges .

Fred Swanson

This post has been deleted.

sweetbird1980

From my little knowledge I've tried to find out if its indictable or summary and is not al theft/fraud indictable...I haven't retained a solicitor yet as I don't know what I'm actually been charged with.. Thanks

Fred Swanson

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Pat Mustard

D0NNELLY wrote: »

I'd give them a ring

I wouldn't do this.

JinkyJackson

Fred Swanson wrote:

I would be using a solicitor to make discrete enquires of the intentions of the Gardaí/DPP.

Solicitor advises you to seek solicitor surprise surprise..

You haven't been charged with anything, you may not be charged atall. Save your money until or if you get summonsed, then contact a solicitor.

TopTec

sweetbird1980 wrote: »

Basically I would write the bet and make it so it could look like either €10 or €100 and ,if it lost change it €10,therefore pay €10 instead of €100. Thank you

Under UK law you seem to have made a forged instrument, (the bet), and then when you took the action i.e paid the bet, you would likely commit a criminal deception and/or using a forged instrument. I think the Irish law relating to deception is very similar if not the same, (see Section 25 Criminal Justice (Theft and forgery) Act 2001). Both are triable either way.

TT

Bandana boy

I would keep shtum , asking could only instigate somebody acting.
I know it means living with it hanging over your head , but I suspect unless your former employer are pushing the Garda to act they might never get to this .

Try to forget about it move on with your life and behave yourself from here on in.

sweetbird1980

Thank you for your reply .. I do think I will just need to go forward this way & hold my breath every day the post comes . Believe me the last 7 months have been hell and regardless of what is yet to come I've been serving a punishment and will never be getting in any sort of trouble again . I can't believe what I did in the first place so deeply regret my actions .

Little CuChulainn

Seems like a pretty clear case of making a gain or causing a loss by deception under section 6 of the Act as well. It's indictable and you admitted it so I'd be very surprised not to see a charge coming your way. They're probably just trying to figure out how much you stole.

If I read correctly, you took €800 from them?

Would you not just offer to pay it back? It doesn't really seem like an enormous amount in fairness. I'm surprised they copped on. I didn't know this could be done. I presume everyone working in a bookies does it the odd time, if it's that easy.


If it was me i'd make contact. Whatever about it causing someone to take action, if they're gonna do you for it, they'll do you for it, and if they're not, they won't. Ringing them won't make them change their mind, and at least, even if you're being done for it, you'll know where you stand.

JinkyJackson

sweetbird1980 wrote:

Thank you for your reply .. I do think I will just need to go forward this way & hold my breath every day the post comes . Believe me the last 7 months have been hell and regardless of what is yet to come I've been serving a punishment and will never be getting in any sort of trouble again . I can't believe what I did in the first place so deeply regret my actions .

Jesus. Even if you do get charged, a court appearance and a fine, or pay back what you took. Not the end of the world, your not going to jail!

sweetbird1980

I would pay it back if asked to do so but I was never given a figure and certainly not going to contact my ex employer who treatned to destroy my life when he caught me . I'm aware jail is very highly unlikely but it's the newspapers that I'm most worried about ,I have now trained and got a new career and would most definitely loose this if it made the papers ,I'm also a mum of 2 in my thirties and would be so so ashamed of how this would effect my family .. I understand I did the crime ,and appreciate I should be punished for it but it is the only mistake I ever made in my life and would ultimately Destroy my life as I know it .

Little CuChulainn

sweetbird1980 wrote: »

I would pay it back if asked to do so but I was never given a figure and certainly not going to contact my ex employer who treatned to destroy my life when he caught me . I'm aware jail is very highly unlikely but it's the newspapers that I'm most worried about ,I have now trained and got a new career and would most definitely loose this if it made the papers ,I'm also a mum of 2 in my thirties and would be so so ashamed of how this would effect my family .. I understand I did the crime ,and appreciate I should be punished for it but it is the only mistake I ever made in my life and would ultimately Destroy my life as I know it .

If it's your first time in trouble with the law then you are eligible for an adult caution if you admitted the offence. Shouldn't even go to court. If it does then get a solicitor. No point worrying about it until then.

PMBC

sweetbird1980 wrote: »

Thank you for your reply .. I do think I will just need to go forward this way & hold my breath every day the post comes . Believe me the last 7 months have been hell and regardless of what is yet to come I've been serving a punishment and will never be getting in any sort of trouble again . I can't believe what I did in the first place so deeply regret my actions .

I have some empathy for you waiting for the postman as I've been through that time myself but not relating to a legal issue. Might yu be eleigible for Free Legal Aid and if s o you could seek advice there without going to see a high street solicitor. IMHO do not approach your former employer as it might just 'resurrect the issue' for him/them. Its not much use someone saying try to get over it; if you could you wouldn't be thinking of it.

sweetbird1980

Thank you