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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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I hold a shotgun certificate and i own a shotgun whic

Customer Question

I hold a shotgun certificate and i own a shotgun which is kept properly in a gun safe and has been approved by the Police. I had a raid at my house by customs officers in Feb 2013 and police removed my shotgun without explanantion and they will not now return smae. The officer concerned refuses to return my gun until the supposed criminal charge against me is dropped. We have issue a Judicial Revue waiting court date. iam represented by QC Alun Jones who says we will win hands diown as there is no case to answer. My life has been turned uposide down by this but I find it incredible the Police have the right to retain my shotgun undfer these circumstances. I have never been in any trouble before and I am completly innocent. What can i do? XXXX XXXX

Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

What are you accused of?

Why is the gun so important?

Customer: replied 3 years ago.

I am charged with avoiding duty on the sale of alcohol. This is untrue. I have obtained copy emails sent by a person unknown to us who has then used our letterehead to prepare an invoice in our name supplying these goods to him.The goods were seized by Customs in a raid at an address in Birmingham, unknown to us last july but they didnt contact us at all until the raid at my house in Feb 2013.The warrant is deemed by my lergal guys to be illegal in any event. The invoice is nothing like ours and this has been agreed by HMRC. All our transactions were through bonded warehouses and all are properly documented. The case has nothing to do with the shotgun.


I use the gun to shoot clay pigeon mostly as a guest on corporate dyas but i am aslo a mrember of a fully licence shooting club called Garlands where i have been a member for a number of years. I am missing out on my bobby but also a number of business opportunities may also have been lost.


Robin Lees



Expert:  Stuart J replied 3 years ago.

I am
going to opt out of this for one of my colleagues. They will be along shortly I
am sure. The question is now open to all experts. Meanwhile please don't reply
or it comes back to me. Thanks

Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

That will be me!

I am just travelling back and I cannot see your post. If you can give me about an hour I'll be able to get to it if thats OK?
Expert:  Jo C. replied 3 years ago.

I have been asked to look at this.

Can I just be clear about this? The shotgun has been seized but your licence has not been revoked?
Customer: replied 3 years ago.

The licence has not been revoked

Expert:  Jo C. replied 3 years ago.

If you give me 10 mins I will dicate an answer for you.
Expert:  Jo C. replied 3 years ago.
On the face of it, I think you're absolutely right.

Police officers have powers of seizure for a number of reasons.

The most commonly used power of seizure is where an item is removed as a piece of evidence. That does not seem to be the position here. On the face of it, the shot gun has no net service to the trigger matters.

What this seems to come down to is that the officer takes the view that you are not suitable to own a shotgun which is fine if that's his opinion but he cannot use PACE in that way.

If he takes that view then he has to make arrangements for your shot gun licence to be revoked in the normal way triggering your rights of appeal to the Crown Court.

He cannot just rely on pace to seize this item.

You have various options. The 1st is to complain to a more senior officer or indeed the IP CC.

The 2nd is to lay a complaint at your local magistrates court pursuant to the police property act for unlawful seizure and the consequent possession order.

Of course, the risk of this is that they may revoke your shotgun licence. If they do then you do have rights of appeal as you know.

Hope this helps. Please let me know if you need more information.

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