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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70635
Experience:  Over 5 years in practice
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my property has been retained by police i:e cars,computers,gold

Customer Question

my property has been retained by police i:e cars,computers,gold watch,gold ring
I was sentenced and have served my sentenced.There was no confiscation hearing the prosecution did not want to pursue any confiscation against me .How can i claim my property back from police
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this. When did the confiscation take place? Have you contacted the police about your property?
Customer: replied 4 years ago.

For Jo C


I have been released on 25/10/13 last friday.Confiscation hearing was 8/10/2012 where prosecution in open court anounce that they did not want to pursue a confiscation against me.I have not asked the police for my property needed legal advice first.

Expert:  Jo C. replied 4 years ago.
Was the property part of a prosecution against you.

Were you said to have stolen it?
Customer: replied 4 years ago.

For Jo C


no it was not,but prosecition did use the fact that i was living a lavish lifestyle by mentioning value of cars.But there was no confiscation hearing against me .

Expert:  Jo C. replied 4 years ago.
Thanks.

They can retain anything that is either unlawfully owned or being used as evidence. Obviously if the case is over then these items cannot be evidence any more.

If they cannot prove that you don't own them then they should be returned to you.

If they are refusing to do so then your only option is to lay a complaint under the Police Property Act at your local Magistrates Court. That is fairly slow but its faster than doing nothing.

Then they will have to justify the need to retain these items and if its just that they don't think you own them lawfully but cannot prove it then you should win.

Can I clarify anything for you?

Jo
Customer: replied 4 years ago.

For Jo C


Please send all questions and answers to email address submitted subsequent to payment.


Thanks

Expert:  Jo C. replied 4 years ago.
I think it is emailed to you automatically.