Right to receipt for siezed goods and right to copy of the police interview tape.

[jamesjames55]

Recently my partner and I were arrested during a 'raid' on my house. The police took us both away and searched my house for 'evidence'. They took away a number of items and so far I have had no receipt for them. Under PACE, it would seem that they need to supply a receipt within a 'reasonable time' which is, of course, undefined.

We were interviewed seperately on tape and chose not to have solicitors present since we had no reason to be concerned about anything, having done nothing wrong. At the end of the interviews, we both opted to receive copies of the tapes. So far neither of us has received a copy.

I have been advised that it COULD take up to 6 months to process the items siezed which included an xbox, a freesat box and a Nintendo DS !!! Can anyone help me with how long I SHOULD wait for the receipt and copy tape and maybe what would happen if I do not receive these things. Thankyou

[VHG]

A relative of mine had the police come to his house and take away two of his computers (he had been mildly harrasing someone on the internet).

He got a receipt straight away I think.

They kept the computers for about 6 months while doing some investigation (and he was never updated on the state of the case during that time).

Eventually the case was dropped and he got the computers back (6 months later) without one word of apology from the police.

I am generally a supprter of the police but they have no idea of "public relations" and the situation with my relative left me rather anti-police.

[exdc]

Hi

This is what PACE Code B states

d) Rights of owners etc

7.16 If property is retained, the person who had custody or control of it immediately before seizure must, on request, be provided with a list or description of the property within a reasonable time.

Interview tapes are available if notified you are to be prosecuted.

[exdc]

ooops, I would say within 2 weeks is reasonable then call the police and request one.

[jamesjames55]

Is there an official definition of 'reasonable time'? I wasnt around when they did the search, so Ive got no idea what was taken, although ive noticed quite a few larger things gone, ive got no idea of what else, such as memory sticks or old laptops laying in a wardrobe etc. Without a receipt I cant even ask for them to be returned since I cant prove they have them.

[exdc]

Did the police not question you and ask you to account for the siezed items during interviews?.

If you read PACE, alway look for 'Notes of Guidance' sections which explains definitions etc, it may define reasonable.

[jamesjames55]

No, they didnt ask me any specifics. They asked why I had an 'above average' number of laptops ( I use them for spare parts ). Other than that, all they asked were generic questions about me, my partner, my ISP etc etc. From what I can tell, they were looking for things ON the computers and not suggesting the computers were stolen or anything like that.

[exdc]

If you were arrested first then your house was searched I am assuming the police did not have a warrant and exercised powers of search in accordance with other parts of PACE. There should have been a notice left at your house or a notice handed to you at the police station detailing what was seized, if not, call the police officer and request a copy of items retained etc. If you read Code B, PACE you are also entitled to inspect the goods etc but you will have to make the request.

I take it you were not arrested for theft offences (not that it matters) but computer examinations can take forever.

[exdc]

Here is the ciurrent version of PACE Code B.

http://www.homeoffice...de-b-2011?view=Binary

[jamesjames55]

The police DID have a warrant in the name of 'The Occupier'. They took me and my partner, seperately to the police station whilst other officers conducted the search. I requested a receipt both at home and again at the police station but so far im just being told that itll be isued within a 'reasonable time. When I read the notes on PACE, it seems that they should have noted on the warrant that they have seized property, but this has not been done. The only thing they added to the warrant was the time that the warrant was executed. At the bottom of the warrant there is a note which says 'SEE OVER FOR ARTICLE(S) FOUND OR SIEZED, however the back of the sheet is empty and no seperate list was left at my house. They took lots of things, some of which I havent used for years but had them in the house.There were parts of the house they clearly didnt search at all and they left behind a DVD recorder with Hard Disk. We guess they were looking for evidence that we have been downloading and selling copies of dvd's, the only film downloading we do is on Netflix!!! Why would they take an xbox and a freesat box but leave a dvd recorder???? ( sorry about the rhetorical question.)

[exdc]

I just had a quick read of Code B, and reasonable is not defined, which is fair enough as the police could sieze 1000's of items in one search alone and one item in another so wold be unfair to place a time limit.

[exdc]

What happens some of the time is the search team will appoint an 'Exhibits Officer' who will make a contemporaneous record of items seized and wont duplicate it again on the back of the warrant / search notice but make the contem record available later. It will get sorted.

[jamesjames55]

I understand your meaning but I dont think they took anything like 1000's of devices, from a quick count, they took about 20 devices, even with a guess about things ive forgotten about, the total should only be about 30 and since theyd only have to have to identify items by serial number and maker etc, it could easily have been done during the search. Even if theyd left a basic list and then added specifics to a later receipt, that would have been fine, but I havent even had that.

[exdc]

Ok, call the Officer in charge of the case and request a detailed list, they will supply you with one

[jamesjames55]

Thankyou for the advice, I have called the OIC several times and left messages and spoken to officers who work with him. I dont want to seem like I am hassling him and being difficult. The solicitor my partner had at the station also requested a receipt. Why does it always seem like the public have to give the police definite answers and yet the police can use phrases like 'reasonable time'. My partner is disabled and currently in the middle of a legal case, involving a land purchase. All of the documents for the case were on his computer and all his contacts, appointments and medical notes are now unavailable, the police have said that we can make an appointment to view the documents, but wont be allowed to make copies. Sorry if im dumping on you, im just SO frustrated about the whole thing, its turned our lives upside down.

[exdc]

Hi James, no probs, ask away etc.

Your partners solicitor will know what to do etc and no doubt will understand the Police property act.

[taffboy]

Basically I reckon it will be a struggle to get your stuff back till after the case is concluded. If there are no charges it should be pretty soon I'd hope. Otherwise it could be quite a while if it goes to full trial. Plod tries it on asking for whatever comes to hand in my experience. Hopefully you, and anyone reading, learn a lesson to never be interviewed under caution alone by plod. And don't take a duty solicitor either. It's their job to get a result, not the truth. Access to such tapes is precisely the sort of thing a brief should do, not for you to worry about.