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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71030
Experience:  Over 5 years in practice
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Dear Sir or Madam, A good friend of mine, severely mentally

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Dear Sir or Madam,
A good friend of mine, severely mentally and physically disabled, was recently attacked on the street by a mob who made false accusations towards him. He called for the police who said they would help him and take him to his Dad's but then at the station suddenly arrested him based solely on a rumour. My friend suffered a nightmare at the station including not receiving vital medication for hours and being ignored in spite of banging his head on the cell wall in confusion and distress.
The key fact is that his solicitor is certain that even if the allegation was true there is no way that it could reasonably be classed as any crime. The police changed the allegation more than once in that day. He was bailed without charge for two months. The solicitor has written to the custody officer asking for the case to be dropped and my friend's property returned. But the police keep delaying their response to the letter. We have been told it could be 6- 9 months before the property has been dealt with.
My friend is suffering severe panic attacks and feeling suicidal because of this treatment. I would like to know if anything else can be done to appeal so the case can be dropped. 1) Do the police have to give a response to such an appeal? 2) Can an appeal be made to the IPCC at this stage and what is the process? 3) If the police decided to question my friend about something else found st the search (there is nothing but I wouldn't be surprised if they tried to frighten him in some way in order to cover their backs and break him) can it simply be dismissed on the grounds that the police had no reasonable suspicion that a crime had been committed (indeed the witness statement makes clear no crime took place) therefore the search and arrest were both unlawful? Or can police still proceed with 'evidence' obtained falsely? 4) Can anything else be done eg my friend asking to speak to senior officer to complain? Police standards department? 5) Finally I have heard of taking a civic court case against the police for return if property but that this is complicated. How would this work? My friend needs some if his property urgently as they offer a vital lifeline for him.
Thank you, ***** ***** all feeling quite desperate and so I hope you can help.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your question about this please?
Customer: replied 3 years ago.

Hi, I have numbered 5 related questions in paragraph 3 of my message. Particularly I would like to know how to appeal against an unlawful arrest and search, if it is possible to take a civic case against the police for the return of property, and if someone can be interrogated or threatened with charge for non-related evidence found during an unreasonably made search.

Again the point is that the police's whole case is based on one witness whose testimony makes clear (though she of course was not aware of this) that this could not have been a crime.

You don't appeal unlawful searches. You just try to argue out any evidence that they obtained in the course of such a search at court although the days are really gone when that succeeded very often. You can always complain to the IPCC.
I'm not actually sure what the unlawful action is thought to be here?
In any event you don't have a right of appeal before charge. You do after charge. Its called going to court and entering a not guilty plea and demanding a trial.
You can always write to cps making representations which is what the solicitor has done.
The police did have reasonable grounds to act. They received an allegation.
He cannot recover anything they are using in evidence. If they are not using or examine any seized item then he can ask for return and complain under the police property act to the magistrates act but its not usually worthwhile because the case is normally heard before the complaint of unlawful seizure.
Can I clarify anything for you? I will respond in the morning now.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


The police received a complaint but there is no crime alleged in the complaint. Do you understand what I mean? Surely it is unlawful arrest and search if no crime has even been alleged to have been committed? Surely the only reasonable response to such a complaint is for the police to inform the witness that no crime has taken place? The police have followed a vigilante mob (with tensions high following an entirely seperate incident in the area which my friend is not suspected of)and picked on a vulnerable man who was the victim of a crime. (To give an example if I complained to the police that you had taken a picture of me at a distance and in a public place and I was fully clothed, you would not expect to be arrested on suspicion of taking an indecent image would you?)

Surely this is all unlawful and something can be done about this?

I do understand but its quite unlikely I'm afraid. There are lots of offences covering extremely minor actions.
If there were no offence alleged then a search would be unlawful but the answer above applies.
If you made the complaint that you mention there would still be the barest suspicious of a harassment or public order offence. It would to be charged but there would be enough for an arrest and search.
I'm really sorry but the police don't arrest people without suspicious. There are lots of problems and too many people are charged for trivial offences but I was a police station rep for years before I went to the bar and I have never yet seen anybody arrested without any basis at all.
Customer: replied 3 years ago.

Agree to disagree then.