Legal system at it's best...

[NeilF]

A friend at work has a nanny who looks after their four children some days. Last wednesday she went to a cash point to withdraw her rent for her landlord (£500).

Soon after this she noticed she was being jossled and bussled by two women, and they tried to steal her money. She put up a fight and managed to deck one of them by using the mobile phone in her hand. The other managed to get away with her money.

The police turned up and took the nanny and the other thief back to the station. As the thief had been injured in the 'fight', they asked if she wished to press charges, which she said yes to.

The nanny spent the rest of the day in a cell and was let out in the evening understanding it was a closed case - all done!


Next morning she got a call from the station saying she had to go in. On arriving she was informed she had been appointed a lawyer and was appearing in court. Obviously she was still very upset from the day before, yet alone the idea of now appearing in court on a charge of assault, and further more English is a second language for her. The lawyer told her to just plead guilty, which she did...

She now has a criminal record (not good for a nanny), a £250 fine, and is a months rent down.

The thieves have £500, and big smiles on their faces.

 

[NeilF]

i dont know what appearing in caught is

Fixed!

 

[NeilF]

Is that how the court system works? The police phone you in the morning after the event, then you're in court by the afternoon?

I was astounded too! Next day, in court, criminal record, £250 fine!

 

[NeilF]

tbh it sounds like BS, (just my opinion)

the vast majority of cashpoints are covered by CCTV, yes, the would be mugger has the right to press charges fo assault, but then get the CCTV and the case wouldnt go away.

why do so many people do these things in cash, if I was making regular payments of £500 I would not be drawing it in cash each day, (also most cards have a £250 cash draw limit in any one day so would need special permissions to get £500 from a cash machine)

It didn't happen at the cash point, she had moved away...

I guarentee you, it's not BS...

 

[NeilF]

Tell her to write the cheif inspector or the independant police complaints commision.

Already got some legal advice. They suggest contacting the law firm who supplied the duty solicitor that day.

As I also said, she contacted her embassy this week too, and they're looking into it.

Basically I guess it was her word vs someone elses. English is her second language so she probably couldn't get her point over very well. And then in the heat of the moment she took the solicitors advice (unfortunately).

 

[NeilF]

I think you need to either :

1.) Get the real story from the friend at work.
2.) Get the nanny to tell the friend at work the real story.


Then we can all make a comment on the said situation.

(1) It's in the OP
(2) It's in the OP

 

[NeilF]

The whole thing sounds fishy to me. The attacker was still around when the police turned up?

One of the attackers was (the one who had been decked), the other had run off with the £.

 

[NeilF]

And don't take this the wrong way - I'm sure you are only relaying what you were told. But i find about 60% of it highly unlikely.
I'm sure she was robbed - I'm sure she probably decked them & was probably charged with attacking the robber - but from there on in, the details start to go off a bit & may need verifying.

I had problems believing it myself! I almost posted about it last Friday, but waited as my colleague was going to spend time over the weekend getting to the exact bottom of what had happened etc. Wed - mugged... Thursday - charged + criminal record

 

[NeilF]

As a Lay Magistrate I only wish the judicial system worked that quickly. There is no way that the time scale is correct. Someone is telling porkies

So you're saying there is no way she could 'appear' the day after the infraction and plead guilty?

ps: I'm relaying as accurately as possible what I've been told. And my colleague is an honest individual who would not lie. He himself is completely taken aback by the events and threatening to write to MPs and the like over it.

 

[NeilF]

I am not doubting your account Neil, but I am doubting the version of events you have been told.

As for his MP, I would put pen to paper straight away if he insists what happened is true.

Well, I've talked a fair amount about it to my colleague... So I'm fairly sure of the facts. I don't believe anything to be untrue.

I'm suggesting he even calls 'The Mail'. They love stuff like this!!

It will also be interesting to see what her embassy achieves...

 

[NeilF]

I have never heard of it during 5 years on the bench. If we decided to hear the case, accept a guilty plea and listen to a statement in mitigation, the result would be an adjournment for a pre-sentence report. As has been pointed out as English was not the defendants first language, an interpreter would be needed.

Thanks... So are you saying it is just not possible, or just that you have not witnessed it.

If it's the former that I'll ask my colleague about it...

My take on it is the police just wanted it out of the way, the solicitor probably just wanted it out of the way, and every one just ticked the boxes to get the job done asap?


I was stunned when I heard it had been turned around so quickly - I thought it took ages...

 

[NeilF]

I have not witnessed it and as I am not legally trained I have no idea if it could happen. it just seems very strange as that type of summary, quick justice is something I have raising with my colleagues for many years.

Oh I thought as a Lay Magistrate you might have some insight and might be able to clarify the events...

 

[NeilF]

fishier than an anglers y-fronts.
She would have had to be charged, evidence (statements) collected and the file forwarded to the CPS for a decision. Generally, for a low priority case like this I would assume a couple of months worth of her making bail appearances at the local Police station while the case was being dealt with. That and the fact that the Police would not have had a duty Solicitor waiting for her at the station because she may not have voluntarily appeared after the phone call (the call may very well have happened) and as I understand it the Police would still have to pay.

I too cannot believe someone can be 'processed' in such a short time, but for all intents and purposes I'm talking to an educated/honest man who has now spent some time with the lady in question (his nanny) and is bewildered at the outcome/treatment...

If more information comes forwards I'll post it... Because as far as I'm concerned this is what happened... And I'm aghast as any of you...

 

[NeilF]

Wouldn't it be "It's source"?

As for the OP I think he may have been hit by Chinese Whispers.

LOL! A spelling correction to make it incorrect.. Class!

Easy way to remember - "It's" is short for "it is".

 

[NeilF]

Great you might want to get your title edited then; it was "its best" that I meant to put. As it happens, "it's source" makes perfect sense, in the context of "give me its source, because your OP smells like BS and you've nothing to back it up."

LOL! Serves me right

As for "it's source", it is wrong. It should be "its source" - Swap "it's" for "it is" and see if it sounds right:-
- Give me its source.
- Give me it is source.

It's east to get its spelling wrong.

As for you're final comment... Sorry, as BS as it sounds, as far as I know - and I trust my colleague completely - it's the honest truth. Hopefully more details will come forward. Personally I hope it does turn out to be BS and some miscommunication somewhere (which I find hard to believe) as it sounds just mad! But as far as I'm concerned at the moment it's true.

 

[NeilF]

It sounds like an urban myth to me. Like the old McDonald's coffee boyfriend story et al.

Nope... Afraid not... It's certainly not a 'myth'

As more info arises I will post. That's all I can do...

 

[NeilF]

This just wouldnt happen. My guess is the nanny is spinning a yarn to your work mate. I would be seriously checking the nanny out with the police right now. Could be she has been prosecuted for something else and has finally been charged and is using this story as a cover. Or she could have taken the money. This just doesnt stack up.

Believe this has been done... ie: They've spoken to the police station. Infact while she was being held my colleague and his wife tried to go in to assist her, but in the end were turned away - even though they could help with the interpretation - because they were not relatives.

So they got from the station, first hand, the story/charge(s).


I absolutely concur it sounds pretty amazing/unbelievable, but can you see (eg: from what I've just posted above) how it seems to be true? I've looked for holes myself, and there don't seem to be any!

 

[NeilF]

So are you saying that they didn't take a statement under caution from her? If, during that time, they didn't take her in to another room for an interview then there's your bit that doesn't make ANY sense. They didn't think that it was worth getting a statement for her, yet passed it on to the CPS?

To be honest most of the tale does not stack up to me, but then criminal law is not my forte.

Don't know about the cautions and questioning I'm afraid - Didn't ask about that.

Most of the tale doesn't stack up? The only point I was dubious myself about was the speed at which the conviction took place? At the end of the day, the police had two people in custody, I'm guessing with no witnesses it was two peoples word against each other. One was injured... So I'm guess they had no evidence the money ever existed, that someone stole it, so the only evidence was an assault? The fact one of the people's English wasn't great, and they were probably very upset, probably didn't help the facts come across?

 

[NeilF]

I think your mate is chatting ass, go punch her in the face.

Entitled to your opinion, no matter how childish, unnecessary and daft it is I guess...

 

[NeilF]

why isnt it self defense and not assault? lets say if someone grabs your money etc, you push them, they fall and hit their head on the floor and are knocked out... what then?

My guess is, no witnesses, no evidence, so the only thing to follow through with is an assault charge - ie: one party is injured.