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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 76192
Experience:  Over 5 years in practice
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How can I bring an action under the Police Property Act 1897

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Hi
How can I bring an action under the Police Property Act 1897 to ask the Magistrates’ Court to compel the Police to return my electronics seized? I made a complaint to the police and they got back to me to say that only some of the 7 devices were looked at and they’re were negative, however they’ll only return them all once they’re complete. I find this hard to believe.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Are you being investigated?

Customer: replied 7 days ago.
Yes for an alleged indecent image of a child that was uploaded from my home IP address.

Thank you.

In that case, these items are seized as evidence which they are entitled to do. The Police Property Act doesn't apply unless they have no basis to retain an item.

If they are investigating and these devices are subject to even a stage one download, they have rights to retain them.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 7 days ago.
Ok what about the devices that have already been looked at? Why can’t I get them back?

Probably because they are still at the lab or seized as an exhibit.

Customer: replied 7 days ago.
Ok one final question. If the police property act doesn’t apply, can I make an application to Court by completing form N1 and N16a?

No. If they have seized it as evidence or as an exhibit there is no point in doing anything. You will get it back when it is all over.

You can only recover if they have it unlawfully.

Customer: replied 7 days ago.
I’m confident that they’ve examined all devices, would the police deny that the investigation is not complete to a judge should I take this to court that the devices are still being examined? I’m will to take my chances as I’m confident that they’ve examined them and have found zero images.

No, like I said, it could be seized as an exibit.

Jo C. and other Law Specialists are ready to help you