Is There Anything My Daughter Can Do?

[Barsel]

One day last week, my daughter lost her purse, so she retraced her steps back to a cafe where she had last used it. The owners of the cafe know her well and they had a look at their CT. It showed that my daughter dropped her purse as she left the cafe and within seconds a passerby picked it up and carried on walking with it. The cafe owner recognised this person as she also eats at this cafe although the owner doesn't know her name or where she lives. My daughter took this info to the police but they say there is nothing they can do about it. In my opinion, the woman that picked it up could have handed it in to the cafe owner, but she didn't, and yet this isn't classed as theft. Do you think there is anything else my daughter can do? Thanks.

[TonyV]

To be honest Barsel crime number just shows that Police have recorded the crime, does not mean that any action will be taken. Sometimes crime numbers are given so that people can make an insurance claim, but not applicable in this case. Police will be able to request CCTV recording and get it.

[bhg481]

danny - where is the damage? Remove the wheels carefully and leave the note where there is no chance the driver will attempt to move the car (just like clampers do).

[dannyk13]

bhg //
Best Answer: Loosening or removing wheel nuts is definitely criminal offence. If it was done deliberately it would be Criminal Damage at least, could be Criminal Damage with Intent, and possibly could even be escalated to Manslaughter if the wheel fell off or wobbled enough to cause an accident.//

[bhg481]

Not loosening wheel nuts, removing the wheels completely, thus immobilising the car. Two wheels removed means the car cannot be driven (exception being Land Rover with permanent 4-wheel drive).

[ToraToraTora]

criminal damage does cover dismantling. Put it this way suppose you went further and reduced the car to its component parts and simply gave them back to the owner.

[Maydup]

Sadly it would be unlawful for the cafe to release the CCTV footage to anyone but the police or the subject herself.
Data Protection.

[bhg481]

That's why I'm asking NJ's opinion.

[dannyk13]

Bhg, if you leave the vehicle without some of its wheels then it is incomplete i.e damaged.

[New Judge]

//Just out of interest, if someone parked their car in a place which annoyed me, could I remove 2 wheels, leaving a note to say I had borrowed them and where they could be found, without being guilty of any offence?//

Whilst every case turns on its own merits I would say almost certainly not. "Criminal Damage" will very probably come into play. The CPS charging guidelines mention that no permanent damage need ensue for the offence to be made out:
-----
Damage is not defined by the Act. It should be widely interpreted to include not only permanent or temporary physical harm, but also permanent or temporary impairment of value or usefulness.

Any alteration to the physical nature of the property concerned may amount to damage within the meaning of the section. The courts have construed the term liberally and included damage that is not permanent such as smearing mud on the walls of a police cell.
-----
In the case of Morphitis vs Salmon [1990] this was an issue similar to the one you describe:

The defendant took apart a barrier, leaving its undamaged pieces at the same location. The court was asked "Was this dismantling amount to criminal damage?" They decided that yes, it was. Their reasoning was that impairing the barrier’s useful purpose was enough for there to be criminal damage.

So if you remove the wheels from a car, even if you left them in the gutter nearby, you would in all probability e convicted of Criminal Damage as you had "impaired the car's useful purpose."

[Barsel]

TonyV++To be honest Barsel crime number just shows that Police have recorded the crime, does not mean that any action will be taken.++
Yes, I understand, but hopefully, she can phone them again next week and give them the crime number instead of having to explain it all again to someone.

[bhg481]

Maydup - I don't see your argument. I take video in the street and I could put it on youtube, if I wished, without breaking any Data Protection law. News programmes broadcast street video all the time.

[bhg481]

NJ - thank you again.

[Maydup]

News broadcasters have careful restrictions on what they show in terms of footage in the street BHG. If you save images of passers buy on your domestic CCTV and post them on you tube, you are breaking privacy laws. You can hand the images to the police, but you cant share them otherwise.

https://www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property/domestic-cctv-using-cctv-systems-on-your-property

[Maydup]

Just reread your post BHG and you mention video not CCTV, but the point here is that it is CCTV which is 24 hr surveillance equipment and not video which is taken by chance.

[bhg481]

Maydup - interesting. I wonder how cctv is different from a video camera. Perhaps it's because it's unmanned and operates 24/7.

[TonyV]

As often happens on Answerbank we digress. When I had an issue with local pharmacist (to long winded to go into) he said he had checked his CCTV. I was a bit disgruntled at the time and pointed out no signage about CCTV. Now has sign on the door.

[TonyV]

bhg I can understand the difference. You often see it on TV in Police and eviction programs, where people can be filmed from a public place but not from private land.
With CCTV you are filming from private land, hence the need for a Police request to release CCTV footage.

[bhg481]

Maydup - crossed posts, so thanks for your answer before I made the suggestion.