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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The CPS has stated that my sons IPhone be destroyed with all

Resolved Question:

The CPS has stated that my sons IPhone be destroyed with all messages on. Can I request through the correct channels to have the phone with all messages still intact returned to me on his behalf. We believe that some messages on the phone will help get the conviction changed.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Why will the iPhone be destroyed please?
Customer:

Wasn't really given a reason, he was just informed this was to happen. He firmly believes there are messages on the phone that would prove his innocence. Yes of course he now realises how stupid he was but he believes the police only used certain messages which was totally taken out of context which made things look worse for him, so he would like to have his phone returned intact so he can persue this further. He firmly believes the police knows he can prove his point and this is why they want the phone destroyed.

Alex Watts : Ok. Have the defence solicitors asked for the phone?
Customer:

Yes but was told by the police because of the request from the CPS they couldn't let them have it - it has to be destroyed.

Alex Watts :

Ok - what you need to do is get a Solicitor to write a letter and demand the return or say otherwise you will go to Court

Alex Watts :

If they refuse then you can issue proceedings.

Alex Watts :

You would need to complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

The Court will issue the claim and then list the matter for a hearing.

Alex Watts :

At that hearing the Court can decide whether to make further directions or order that return the phone

Alex Watts :

If the matter is set down for a further hearing the Court can order the phone is not destroyed in the meantime

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

thank you, ***** ***** get the forms and take it from there.

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