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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was arrested for growing in my spare room at home,

Customer Question

I was arrested for growing cannabis in my spare room at home, I admitted the crime and was charged. But when i got back home the police had trashed the room and my equipment, Is,nt that criminal damage? When i got home there was a note on the door saying the locks had been changed and the keys were at the police station, When i got back to police station they had no record of any keys, so i had to then get new locks and change them again, Also when i got arrested i was working in my back garden, Im a Carpenter/Joiner, I was constructing a new Front door for somebody, I pleaded with the police to let me put my tools away as they are expensive, and was told to shut up and it would be taken care of, After gaining aces to my property i was shocked to find my tools had beed left out and were stolen.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Were you cautioned or charged please?

JACUSTOMER-euwkuqc7- :

Yes i was charged with cultivating cannabis and also intent to supply, the intent to supply was dropped due to lack of evidence, I was fully co-opperative during the search of my property and during my interview, The officer was happy with my interview D.C Steve MacDonald from Uxbridge Police station, But on my return to my property i was a bit surprised as it looked like the place had been trashed by burgerler,s. They smashed all the growing equipment up and left the mess, There was broken glass and soil all over the house, And like i said before i was working in the rear garden and i was refused to pack my expensive power tools away, and they were all missing when i got home.

JACUSTOMER-euwkuqc7- :

I know what i was doing was illegal but i think a bit of respect was in order, I,ve got a small dog who keeps running around eating small parts of cannabis which makes her sick, It was all confined to one room before but it,s now all over the property, Also broken glass every where because the police smashed the light bulbs i was using, Then there,s the lost keys issue, and obviously my stolen tools from the back garden. Im not moaning about a couple of screwdrivers, im talking about £600 chopsaws, Skill saws, Inpact drivers, Routers, probably about £2000 worth of tools.

Alex Watts :

Sadly in terms of the damage done, you can't claim for that.

Alex Watts :

The law says that if there was wrong doing then any damage done can't be claimed.

Alex Watts :

It would not be criminal damage as that is 'unlawful damage'. Clearly here they had a lawful reason and you were caught.

Alex Watts :

As for the tools, possible there is a claim there.

Alex Watts :

You would need to write to the Chief Constable and make a formal complaint.

Alex Watts :

You could probably issue and bring a small claim in the County Court

Alex Watts :

Clearly it would depend whether a Judge would consider they had a duty of care to protect the tools bearing in mind you were growing drugs

Alex Watts :

A Judge may or may not take a view that they do

Alex Watts :

Litigation is never certain and I would start by writing to the Chief Constable and making a complaint about the tools.

Alex Watts :

The damage you can't do anything about as you were acting illegally.

Alex Watts :

Can I clarify anything for you about this today please?