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Police retaining property
Does anyone know under what circumstances (if any) the police are able to hold onto possesions without any kind of reciept? The person they belong to was arrested and bailed, they got some personal effects back but not their mobile phone. Nor did they receive anything to state that the police have got it. The person can't contact many of her friends (who are probably ringing her like crazy) and the police won't let her make a note of any of the numbers.
Might be worth adding that the person in question has not done anything wrong.
Seems rather unusual to me but I have no idea how these things work. Any lawyers or police officers on AB?!.....
Might be worth adding that the person in question has not done anything wrong.
Seems rather unusual to me but I have no idea how these things work. Any lawyers or police officers on AB?!.....
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The fact that she has done nothing wrong does not help. The fact that she was arrested means that the police think she had. That will apply until the police decide otherwise or her case is disposed of by a court appearance or a caution for example. The law has changed since my retirement, but will be set out in the latest edition of the Codes of Practice issued under the Police and Criminal Evidence Act 1984. Broadly, the police can seize property if they reasonably suspect that it might be used to harm the person or someone else, if it is required to be produced as evidence, and/or if it is suspected of being stolen. Seized property is always a potential source of trouble for the police, (losing it and having to account for it etc.) so they will return it to the owner as soon as possible.
-- answer removed --
Regarding a receipt, the property will have been recorded onto the Custody Record if it was with her when she was arrested. If the property is restored or removed then the owner or the person taking it for examination will have to sign for it.
As Grunty has said, property is a potential source of trouble - infact it's generally accepted that the 3 most likely things to get a police officer into trouble are the 3 P's - Prisoners, Property and Prostitutes.
Being arrested doesn't automatically mean that somebody is guilty - it means theer's enough evidence to suspect that the person may have had an involvement. Arrest is just one part of the investigation and in fact gives people a lot of rights - free legal advice being the most important.
You didn't say what the person was arrested for or why the phone has been seized - the alleged offence will impact on whether property is kept as evidence or whether it is restored.
As Grunty has said, property is a potential source of trouble - infact it's generally accepted that the 3 most likely things to get a police officer into trouble are the 3 P's - Prisoners, Property and Prostitutes.
Being arrested doesn't automatically mean that somebody is guilty - it means theer's enough evidence to suspect that the person may have had an involvement. Arrest is just one part of the investigation and in fact gives people a lot of rights - free legal advice being the most important.
You didn't say what the person was arrested for or why the phone has been seized - the alleged offence will impact on whether property is kept as evidence or whether it is restored.
This is the link (http://www.clsdirect.org.uk/legalhelp/leaflet1 1.jsp?section=5&lang=en) but have copied the relevant bit below...
If someone damages or interferes with your property, you can sue them for 'trespass to goods' or 'conversion'. You can also sue them if they refuse to give your property back to you when they are not legally allowed to keep it.
When can the police take my belongings?
The law gives the police wide powers to take and keep people's belongings. In particular, they can take and keep property if they have a good reason for thinking the property may be the proceeds of crime (such as stolen goods) or evidence of an offence.
The police are allowed to keep your property only for as long as they need to. This can include when they want to use the item as evidence at a trial - though they shouldn't hold onto something if a photograph or a copy would do. They can also keep something when they want to work out who the true owner is.
How can I get my belongings back?
If property is taken from you after you have been arrested, it should be given back to you when you are allowed to leave the police station. The police can hold onto it only if they have a reason for thinking that it is the proceeds of crime or evidence of an offence.
If you sue the police for interference with your property and you win your case, you can expect to get compensation, as well as getting your belongings back. If you just want your belongings back, you can take out a summons in the magistrates' court under the Police (Property) Act 1897.
If someone damages or interferes with your property, you can sue them for 'trespass to goods' or 'conversion'. You can also sue them if they refuse to give your property back to you when they are not legally allowed to keep it.
When can the police take my belongings?
The law gives the police wide powers to take and keep people's belongings. In particular, they can take and keep property if they have a good reason for thinking the property may be the proceeds of crime (such as stolen goods) or evidence of an offence.
The police are allowed to keep your property only for as long as they need to. This can include when they want to use the item as evidence at a trial - though they shouldn't hold onto something if a photograph or a copy would do. They can also keep something when they want to work out who the true owner is.
How can I get my belongings back?
If property is taken from you after you have been arrested, it should be given back to you when you are allowed to leave the police station. The police can hold onto it only if they have a reason for thinking that it is the proceeds of crime or evidence of an offence.
If you sue the police for interference with your property and you win your case, you can expect to get compensation, as well as getting your belongings back. If you just want your belongings back, you can take out a summons in the magistrates' court under the Police (Property) Act 1897.
everyone that gets booked in should have had alist drawn up of belongings, also she had the right to contact a solicitor of her own choiceat that time on a free phone call. the belongings belong to her and not the police, the list by all proper legalities should have been produced and the items returned at the time she left. anyone who has a receipted document for the item should present it to a rights-lawyer, and the item has to be returned. just because she was arrested doesn't mean that the police had any proof that she had done anything.often a persons rights are not considered in their proper weight, that you have for a claim. the proof has to be permissable by all legalities. otherwise the police are in breach! i've known loads of cases where there is actual proof that the police have no proofs, and show no written statements from the defendant.Nor produce any proofs as to the real whereabouts of a person they have bothered.This all seems rather questionable as to how some police think they can omit proofs. one sided written statements are actually not genuinely permitted by law.iF A SOLICITOR DOESN'T PRESENT YOUR STATEMENT OR YOUR WRITTEN WORD, THEN CHANGE THEM AND REPORT THEM TO THE LAW SOCIETY.They are actually breaching, because all proof has to be properly looked at.By the way-
What are they holding your phone for-- free phone calls??!!
dID YOU HEAR ABOUT THE CASE WHERE THE POLICE ARE RENOWNED FOR BEING THE LOWEST IN THE LEAGUE TABLE IN THE UK-- ODD THAT-- THEY HAVE ALWAYS BEEN THAT LOW ( RATED)AND STILL ARE TODAY- THAT A MAN WAS THROWN IN BORSTAL FOR SETTING FIRE TO SOME CURTAINS, AND WHEN THE BORSTAL BECAME A PRISON THEY KEPT HIM THERE FOR 24 YEARS;THAT WAS RECENT DATE IN THE UK; UNTIL AN M.P GOT HIM OUT. fUNNY, THE POLICE HAD NO WRITTEN DOCUMENTS, OR ANY PAPERWORK IN RELATION TO THE MAN, PROBABLY THEN A BOY, TO PROVE THAT HE HAD EVEN BEEN IN THAT CHURCH AT THE TIME AND SET FIRE TO THE CURTAINS, wEIRD HOW SOME PAPERWORK GOES MISSING ISN'
What are they holding your phone for-- free phone calls??!!
dID YOU HEAR ABOUT THE CASE WHERE THE POLICE ARE RENOWNED FOR BEING THE LOWEST IN THE LEAGUE TABLE IN THE UK-- ODD THAT-- THEY HAVE ALWAYS BEEN THAT LOW ( RATED)AND STILL ARE TODAY- THAT A MAN WAS THROWN IN BORSTAL FOR SETTING FIRE TO SOME CURTAINS, AND WHEN THE BORSTAL BECAME A PRISON THEY KEPT HIM THERE FOR 24 YEARS;THAT WAS RECENT DATE IN THE UK; UNTIL AN M.P GOT HIM OUT. fUNNY, THE POLICE HAD NO WRITTEN DOCUMENTS, OR ANY PAPERWORK IN RELATION TO THE MAN, PROBABLY THEN A BOY, TO PROVE THAT HE HAD EVEN BEEN IN THAT CHURCH AT THE TIME AND SET FIRE TO THE CURTAINS, wEIRD HOW SOME PAPERWORK GOES MISSING ISN'
Hi there,
The police executed a search warrant at my property today as they wanted to question my brother for an alleged offence. I explained to the officers that he doesnt live at my property but only uses it for a correspondence address as he has no fixed abode and every now and again crashes on the sofa. They have seized my mobile phone and I told them it wasnt his and I also gave my pin and phone number to them so they could check. They never gave me a reciept for it and said it could take upto 8 weeks for it to be examined and returned to me. I am not a suspect nor was i arrested or charged with anything, are they allowed to do this? Any help would be appreciated thanks
The police executed a search warrant at my property today as they wanted to question my brother for an alleged offence. I explained to the officers that he doesnt live at my property but only uses it for a correspondence address as he has no fixed abode and every now and again crashes on the sofa. They have seized my mobile phone and I told them it wasnt his and I also gave my pin and phone number to them so they could check. They never gave me a reciept for it and said it could take upto 8 weeks for it to be examined and returned to me. I am not a suspect nor was i arrested or charged with anything, are they allowed to do this? Any help would be appreciated thanks
I'm led to believe that in the USA if you have your goods seized then the police HAVE TO give you a receipt BY LAW and apparently you sign the receipt to say that you agree that what is on the receipt is what was taken. You then use the same receipt to retreive your property. Shame they couldn't do the same over here! Without a receipt if the police wanted to 'help themselves' to anything they could do so and you wouldn't have anything to prove that they've 'legally' stolen your property. I had a mate who had his computer taken as he'd done some copying (pirating) of films and music. The computer had only recently been upgraded but he was told that he wasn't getting it back. Obviously someone fancied a new computer. Our police are just legalised thieves!
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