[J_9]

Thank you for your response.

Yes, I had ask a solicitor to come with me to the Police staion and help me for the interview.

I'm soooooo anxious and very stress. I don't know what they will decide to do. What would be happen in case they charge me for "fraud" and what will be the sentecne if I go to the court?

I'm in the US, so I don't know how that would work in the UK. These are questions to ask your solicitor.

[J_9]

The problem I see here is that you did this willingly even after knowing that this card was not issued to you.

[ScottGem]

First, even in the UK ignorance of the law is not an excuse. Whether the name was readable or not, the fact is that this card was issued to a person for THEIR use only. When something has a name on it, that's the way it works and a reasonable person will know this.

What you should have done is return the card to the store saying that you found it.

I have no clue how far the store will go in prosecuting this. Clearly they have taken it seriously enough to track you down. While I would doubt you will get jail time for this, it is likely that this will go down on your criminal record.

[AK lawyer]

You are in the UK? The Fifth Amendment advice does not apply, of course. ...

I believe the privilege against self-incrimination is in the British Constitution as well as our own.

"The right against self-incrimination originated in England and Wales. In countries deriving their laws as an extension of the history of English Common Law, a body of law has grown around the concept of providing individuals with the means to protect themselves from self-incrimination." http://en.wikipedia.org/wiki/Privile...-incrimination

[AK lawyer]

First, even in the UK ignorance of the law is not an excuse. ...

Actually, if OP were to be charged with a malum in se crime, ignorance would be a defense. The authorities would have to prove specific intent to violate the law.

... In my knowledge of this card, everybody can use it, and I've seen other people who use them regulary for their friends and family to buy something with discount.

[J_9]

Actually, if OP were to be charged with a malum in se crime, ignorance would be a defense.

But how could ignorance be a defense if it's obvious that this card was issued to another party?

[ScottGem]

Yes, it was a name on the card with a signature, but, when you use this card, the cashier doesn't check the ID or your signature to verify if you are the real card holder. In my knowledge of this card, everybody can use it, and I've seen other people who use them regulary for their friends and family to buy something with discount.

Yes, I'm sure the rules let CARD HOLDERS allow others to use it. But you don't know the card holder and you were not given permission to use it. The card holder apparently reported its loss and the store found it was being used. So you got caught.

[AK lawyer]

But how could ignorance be a defense if it's obvious that this card was issued to another party?

I might assume that it's lke a bearer bond or negotiable instrument. Whoever possesses it may use it. After all, unless it is an employee or membership perk, it's probably nothing more than a marketing device. The merchant gives out these cards for the purpose of enticing customers to buy. A name on the card is simply a way of making the costomer think he or she is "special".

Or, if it's a gift card, my presumption would be that it's transferable. Same reasoning.

If you get a discount coupon in the mail, addressed to you, am I not able to use it if, for example, you were to give it to me. Or if I was to find it in your trash?

[SK0857]

I have been working previously in the same shop and left about one year ago. I could keep my card and continue to use it after my departure. Do you think it will help me to have less trouble?

[AK lawyer]

I have been working previously in the same shop and left about one year ago. I could keep my card and continue to use it after my departure. Do you think it will help me to have less trouble?

Yes, that suggests some of the considerations I discussed in my Post #28 above. You reasonably assumed that the merchant didn't really care who used it, just along as someone bought something.

[SK0857]

I might assume that it's lke a bearer bond or negotiable instrument. Whoever possesses it may use it. After all, unless it is an employee or membership perk, it's probably nothing more than a marketing device. The merchant gives out these cards for the purpose of enticing customers to buy. A name on the card is simply a way of making the costomer think he or she is "special".

Or, if it's a gift card, my presumption would be that it's transferable. Same reasoning.

If you get a discount coupon in the mail, addressed to you, am I not able to use it if, for example, you were to give it to me. Or if I was to find it in your trash?

This is emplyee discount card, which the person is working for this shop and they give a "discount card" to give to their personel the possibility to buy with discount. It was un amployee dependent discount card, it means it was for one of the member of the family who is working for this shop.

[SK0857]

What can I do now? I'm sooooooooo confuse and disturbed by this stupid things I did.

Please help me.

[SK0857]

Actually, if OP were to be charged with a malum in se crime, ignorance would be a defense. The authorities would have to prove specific intent to violate the law.

Could you please explain with the simple words what does"malum in se" mean? And how can I use crim, ignorance "WOULD" as defense?

Thank you so much for your contribution.

[AK lawyer]

Could you please explain with the simple words what does"malum in se" mean? And how can I use crim, ignorance "WOULD" as defense?

Thank you so much for your contribution.

I'm guessing even English lawyers are familiar with the concept, so my intent is that you remind this theory to your solicitor, in case he or she has forgotten it.

It's law-Latin for (loosely translated) "bad because it's everybody knows it's bad, not just a technical violation of the law". As such, the prosecutor would have to prove that you subjectively knew (actually, not just "should have" known) that there is a law against doing it.

[Curlyben]

Couple of simple questions.

Are the police involved ?
Do you still have this card in your possession?

If you could PM me the name of the store I may be able to assist further as I deal in UK consumer law on another site.

[SK0857]

Couple of simple questions.

Are the police involved ?
Do you still have this card in your possession ??

If you could PM me the name of the store I may be able to assist further as I deal in UK consumer law on another site.

Thank you so much for your help.

Yes, the Police came to my house last Monday and gavie me an invitation for today(Wednesday about 7PM) for an interview.

No, I dostroid the card about 2 months ago.
The name starts by J. L

[Curlyben]

As the police are involved you MUST comply with their requests.
Otherwise the next time they call it will be to arrest you and possibly more.
You may request the services of the duty solicitor if you feel unsure talking to the police without representation, although it may not be needed.

Now it really depends on how the store want to play it, but considering the sums involved (Sub £100) it is unlikely to go to court..

[ScottGem]

As the police are involved you MUST comply with their requests.

Now it really depends on how the store want to play it, but considering the sums involved (Sub £100) it is unlikely to go to court..

This is the thing that bothers me. Why would they involve the police on such a matter and why would the police even spend time on it?

[Curlyben]

The police can issue an official warning in such cases and they may have been called in to investigate further.
The abuse of a staff discount card is a serious administrative matter, especially with this store group as they are generous.

[JudyKayTee]

The police can issue an official warning in such cases and they may have been called in to investigate further.
The abuse of a staff discount card is a serious administrative matter, especially with this store group as they are generous.

This is very interesting - would you keep us informed as this unfolds?

I know "here" (in NY) that using someone else's discount card is theft of services - ran into it at my husband's Pharmacy. What happens after a name is put to the behavior I don't know.