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james bruce
james bruce, Solicitor-Advocate
Category: European Law
Satisfied Customers: 4719
Experience:  Owner at James Bruce Solicitors
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If the police have committed so many mistakes and breaches

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If the police have committed so many mistakes and breaches of PACE during an investigation, what do the CPS think in regards ***** ***** charging decision?
Customer: replied 9 days ago.
I was also not made aware of all my legal rights

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 9 days ago.
Thank you James
Customer: replied 9 days ago.
I want the case dropped and all of my items back that was unlawfully taken

How was PACE breached by the police?

What was the reason for the arrest and seizure of property?

Customer: replied 9 days ago.
I was the victim of false sexual allegations, they are now claiming to have found illegal images on my computer which I don't get how it's possible.Last time I was arrested they somehow contacted the wrong solicitor.I was not given the grounds for the arrest and search, the list of what they took is very vague, last arrest they didn't write what they took.
I was not made aware I could apply to a judge for my stuff back.

Errors do happen and wrong solicitors called, that is easy to put right and to call the correct lawyer. That is an error not a breach of PACE.

Likewise false allegations of any offence is not a breach of PACE. The police have a duty to investigate if sexual criminal allegations are made.

You should have been told the reason for the arrest when you were arrested. Again when booked into custody. If you claim this did not happen, that is very easy to prove as the custody centre is filmed and recorded. Your solicitor can challenge that matter.

If items have been seized and they have found illegal images on the items, they will remain seized, and if convicted the prosecution is likely to ask the court for forfeiture and destruction of those items.

Customer: replied 9 days ago.
I am requesting the bodycam footage tomorrow to prove PACE was breached, are CPS likely to drop the case if they see police have made a lot of errors?

If the arrest and detention were unlawful, then yes it is possible the CPS would not follow through on a prosecution.

Customer: replied 9 days ago.
Thank you sir, apologies for not explaining it properly, I'm a bit exhausted.Can you please have a look at these search records and tell me if they are lawful? The law seems confusing and vague.The back of the search copy with the items they took was from that first arrest.The most recent one is blank on the back.

They appear to be the search warrant

Again, you should speak with you solicitor should you wish to challenge any documents.

Customer: replied 9 days ago.
Thank you, ***** ***** It just has a bad effect on my anxiety.Do the police need to be specific with writing down what they took?

They should indeed make a detailed list of anything seize. A correct and proper way to do this is for one officer to be the exhibits officer, noting carefully what has ben taken.

Customer: replied 9 days ago.
That is also what a person told me but I couldn't find any legislation to back it up, as you saw on one of those search records it was justa very basic list of what was taken.I'd like to rate you 5 stars but can't seem to find where to do that :)

Your very welcome, the rating option appears once I finish assisting.

Can I assist or clarify anything further?

Customer: replied 9 days ago.
Thanks again JamesThe only thing I can think of, in your opinion would you say that what they had written down as items seized be acceptable? It doesn't seem very detailed to me

If that is what they have taken it could be acceptable.

Customer: replied 9 days ago.
Thanks James, have a nice night :)

your very welcome, and you.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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