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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70690
Experience:  Over 5 years in practice
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If the police conducted a Section 18(1) search of my house

Resolved Question:

If the police conducted a Section 18(1) search of my house and seized several items, but omitted one from the list of items they took, can that unrecorded item still be used as evidence?

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Hi,

What information would you like to know?

As a result of an argument with my wife, she claimed (wrongly) there were indecent pictures on my pc.

the police arrested me and seized a variety of electronic devices and phones, but in the list they showed me one pc was missing...

i dont think it is a big deal but i just wondered what the legal situation was if they didnt record the item as taken, when i know it was... presumably it is in their hands somewhere but they've misplaced it or not written it down

Expert:  Jo C. replied 3 years ago.
Is there going to be anything incriminating on that PC?
I am sure you probably know this already but you should run for the hills from this relationship. We all have rows with husbands. We don't all point scoring by calling the police and making false allegations of a sexual offence.
Customer: replied 3 years ago.

I dont believe so but i just wondered the impact of missing documentation is?

Expert:  Jo C. replied 3 years ago.
The impact of the failure to record depends really.
The reason they should record is to ensure that they can prove that the item in question was taken from a place over which you have control. The fact that it is not recorded opens the door for a defendant to argue that it was nothing to do with him.
Obviously they could try to evidence that in other ways - officers could give evidence that they took it from a location etc.
However, if it is not going to have anything incriminating then it matters not.
Do not put up with this. Calling the police and making false allegations is classic female abuse and the overwhelming majority of women never do it even once in their life.
Can I clarify anything for you?
Jo
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