Criminal Records Bureau (CRB)

用戶217530

2009-08-14 7:36 pm

Hi,

i really hope someone could help me with this.

my new employer has requested to do a CRIMINAL RECORD
CHECK in the UK (i did my degree in the UK)

something is really bothering me.

after my graduation, i tried to sell all those thigns that i couldnt bring back to HK, such as furnitures, cooking pots, mobile phone, etc.

anyway, there was a dispute with the mobile phone buyer.
to cut the story short, he wanted a refund but i refused. he threatened
that he will make a police report saying that i didnt send the item to
him. as far as im concerned, i did nothing wrong. so i left the UK.

however, a few months later, i got a call from a police officer in the
UK. i was informed that i need to pay him back the money as i didnt send him the item. i tried to contact the buyer but he wouldnt give in.

anyway, i simply ignored him and the officer. (i wasnt even sure that if the officer was really a policeman)

so right now, my concern is,
my new employer wants to do a (Basic/Standard) Criminal record
check for UK.

will this incident be on the record? if it is, if i give in to the buyer and pay him back the money, will it be delete from my records? or is it still a criminal record? is this considered as a conviction?

if the police really treated this case as a fraud case and wants to take me to court, i havent received any official letter or email. or anything
official to inform me that im being charged.

i will be starting my new job on 31 aug 2009. and i would really
appreciate if someone can advise me of what i can do or should do.
also, if i decide not to do anything, will it affect my CRB records??

plz help!
thank you so much in advance.

更新1:

is there any way that i can check if im on wanted list? if not then if i do settle the deal with the buyer, will i be removed from the wanted list?

回答 (1)

用戶2684

2009-08-18 7:31 am

✔ 最佳答案

simply put, you get a criminal record ONLY when you are convicted by a court of law for a criminal offence.
in a criminal case inless the evidence against you is very very strong and the crime involved is serious, normally you would not be convicted in your absence. so in your case if you were only contacted by the so called police and there was no communication regarding your being prosecuted, you can safely assume that you have not been prosecuted. therefore you do not have a criminal record in the uk.
even if the person who called you was really a police, he cannot give you a criminal record without taking you to court and having you convicted.
you can be pretty sure that you are clean and clear regarding the cr search by your future employer.
but a word of advice, if you really did receive some money from the buyer and did not send him the goods, he might actually have reported you to the police and you might be on the wanted list. next time when you enter the uk you may be detained at the immigration checkpoint. so it might be best, if the case justifies it, to repay him the money you owe him.

2009-08-18 20:24:51 補充：
1. no.
2. depends. logically if you settle the issue, the buyer would have no more reason to prosecute you. but the law defines that if you commit theft, eventhough you pay the money back, you still have committed theft. if the buyer does not want to let go, you will still be prosecuted.

2009-08-18 20:29:19 補充：
my personal opinion is, if you have not been contacted by the uk police, i don't think there is a case against you.

2009-08-18 20:29:28 補充：
as a moral issue, if you received some money from someone in a transaction, and you did not fulfill the contract, you should repay him regardless of whether you are being prosecuted or not.

2009-08-18 20:29:39 補充：
but then, that's only personal. i don't know the details of your case, so it is not my position to / i cannot comment further.

參考: Veni - Vidi - Vici

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