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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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This is a question for UK law - specifically criminal and victim. This

Customer Question

This is a question for UK law - specifically criminal and victim.
This is quite difficult to talk about so please bare with me.
a couple of weeks ago, I had my place burgled. I lost alot of things - pretty much my livlihood. I have my own business and work from home or sometimes from client premises.

They stole my laptops which contained alot of information, computer speakers, computer monitors, TV, and 2 passports. One which contained my US Visa and had sentimental value. I was also due to travel to the US last week. They also stole alot of software DVD's that are not replaceable and a couple of bags, which are also not replaceable but meant alot to me for many reasons. We are easily talking about £15K worth of goods taken.

My place right now is a tip. I haven't been back since then but will be going back this weekend to sort things out and get moving.

Needless to say, Police have been informed. I am disappointed at the forensics because they did not catch 1 vital evidence that I did after they left. A Mobile phone which did not belong to me.

handed it in and the police caught the guy. He is one of those young guys who has a young family (i.e, doing it for the money from the government).
Anyway, he breached his bail twice and got remanded in custody until Feb next year (2014). Thats just for a plea hearing at the crown.

he has already 16 convictions, and is a cocaine user but has been "clean" for 2 weeks since the test they did.

It is devestating for a number of reasons for me. My privacy, my security, my posessions. I dont care about the TV, the computer speakers or monitor. I care about 2 laptops, software DVD's and bags as well as 1 of my passports. He won't say where they are apperently.

Insurance cannot cover it (I won't get into that).

I am not getting much help or co-operation from the police. I did manage to get to the magistrates just in time to see him up there when he got remanded in custody last week to be put infront of the mag.

Landlord was not sympathetic and I have known her for 9 years, paid rent on time etc... and thought she and her family were "good" people. they know my family and vica versa. So I am disappointed there too with no support.

No sign of forced entry or broken glass so it is puzzling.

2 weeks and not been able to sleep or rest or anything. Just so angry, upset, and destroyed. The items had alot of money value and also would count towards my investors visa for the US.

let me cut to the question -

how can I get more from the police in this situation? What about compensation for emotional, mental distress and also the loss of posessions? What else can I do besides wait?

I have lost income also as I don't have much to work with in terms of equipment as it has been stolen. Every day I don't work, I don't make money - that is my source of income.

Please, anything you can suggest (or question), feel free. I am open ears. I am just really angry and upset deeply at this. The one thing I had left of my father who is no longer with us is gone, stolen by him. So as you can see, some posessions means ALOT to me.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How can I help with this please?
Customer: replied 3 years ago.

I think currently what springs to mind is the following:


 


how can I get more from the police in this situation?


What about compensation for emotional, mental distress and also the loss of posessions?


What else can I do besides wait?


is there anything else I can do/take advantage of given this situation?

Expert:  Jo C. replied 3 years ago.
I'm not sure what else you are hoping for from the police? They seem to have charged and remanded somebody. What were you expecting in addition?
Customer: replied 3 years ago.


i don't know.


 


compensation?


 


To find my belongings?


 


 


 


you have to understand, this is not a normal occurence or situation for me


 


 


 


 

Expert:  Jo C. replied 3 years ago.
No, I do see that. Burglary is a horrible offence that is generally under sentenced in the uk.

But obviously the police can only do Whats humanely possible. If your belongings cannot be found then they cannot find them. Its really as simple as that. Its likely they would have searched his property but if this is a drug user then he will have long since disposed of anything of value I'm afraid.

The police do not seek compensation. They have no means of doing so. Compensation is for the civil courts. The criminal courts can impose a compensation order upon plea or conviction but not prior to that. The practical reality is that from what you say he is likely to get a custodial sentence of some years though so a compensation order is not likely against him I'm afraid.

Is there anything else you wanted to know?

Jo
Customer: replied 3 years ago.


So really, the victim gets nothing and the criminal wins?


I pay high taxes for what exactly?


What kind of system is this? Understood it is not "perfect" but have we not been saying this for years on end? When will it get better? What is the point?


 


Not fair at all for the victim. I work hard, do alot more than most people and get nothing in the end? Hmm.. how is that life? how is that paying towards society?


 


No court order can be made? Nothing at all?


you always hear people getting compensation for making false allegations and the like, and the whole "sexual discrimination" when it is total nonsense and here, an innocent victim is left with... nothing and that is a win? hmm... something does not sound right at all

Expert:  Jo C. replied 3 years ago.
No the criminal gets a sentence. The purpose of the criminal law is to punish primarily.

The civil courts does with compensation generally.
Customer: replied 3 years ago.


surely as a criminal case, the victim would be awarded some form of compensation? going through the civil court would be pointless as the criminal would not be there to answer the case - and would cost me money from my own pocket!

Expert:  Jo C. replied 3 years ago.
Thats more of a moral issue really.

Compensation is available at the civil courts.

The criminal courts can impose a compensation order but not upon a person sent to prison for obvious reasons.

The police do not pay compensation.

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