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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70217
Experience:  Over 5 years in practice
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Can police remove our autistic child's tablet without parental

Resolved Question:

Can police remove our autistic child's tablet without parental permission while investigating possible grooming by unknown person outside family? Can parents legally demand the return of said tablet when no further contact or information has been received after 2 months has elapsed?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Yes, they can if there is reasonable suspicion it might contain evidence.
In terms of demanding it's return the short answer is almost certainly not. Two months is actually a very short period of time I'm afraid. It takes months on end to examine forensically devices.
If they declare that they will not be using this as evidence then you are entitled to it's return. What you cannot do is demand it's return any earlier than that. They don't have to declare that this specific item will not be used. It can be done in other ways - refusing to prosecute the culprit or prosecuting him and issuing a list of exhibits that does not contain this.
Then if they refuse you can lay a complaint pursuant to the Police Property Act although that is expensive and often costs more than the item itself. It is all very well for things that are so unique they cannot be replaced like dogs for example. For items that can be replaced people tend to just complain to the IPCC.
Can I clarify anything for you?
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Customer: replied 2 years ago.

many thanks.disappointed and frustrated with the info as child was delighted with this recentl gift but very, very happy with your prompt and germane response that has given me face-saving pause for thought!! Nick

Expert:  Jo C. replied 2 years ago.
No problem.
You will get it back in the end. When is another matter but they will have to return it ultimately.