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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80263
Experience:  Over 5 years in practice
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I am being investigated the police have had my mobile for a

Customer Question

i am being investigated the police have had my mobile for a year this month what can i do about it ?
JA: Where are you? It matters because laws vary by location.
Customer: west midlands england
JA: What steps have you taken so far?
Customer: contacted the police they apologised said the SLA is 6 months but where are delays
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 22 days ago.
Category: Law
Expert:  Jo C. replied 22 days ago.

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

Can you give me the background to this matter please

Customer: replied 22 days ago.
As a teacher I was working online during covid from home, on my pc. a student claims he saw porn on my screen and reported it to the police a year ago. the police arrested me and took away my pc and mobile for investigation. they apologised said the SLA is 6 months but are delays is been a year this month
Expert:  Jo C. replied 22 days ago.

OK, so what would you like to know please?

Customer: replied 22 days ago.
awating an answer please ?
Expert:  Jo C. replied 22 days ago.

Ok, so what is your question?

Customer: replied 22 days ago.
no phone sorry
Expert:  Jo C. replied 22 days ago.

So what do you want to know????

Customer: replied 22 days ago.
could you please answer my question that i have already paid for ? sorry can not use phone
Expert:  Jo C. replied 22 days ago.

Yes, I can do that.

Just let me know what you want to know about this???

Customer: replied 22 days ago.
how can i get my equipment back ?
Customer: replied 22 days ago.
my aquipment are my tools for work and its been a year now how logn should i have to wait ?
Expert:  Jo C. replied 22 days ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The reality is that an allegation has been made and they have powers of seizure under PACE of evidential matter.

You can request the return of this item. They will refuse.

If they hold things unlawfully then you can seek to recover by making an application pursuant to the police property act but there is no point if the seizure has been legitimate.

I am sorry but I have to tell you the truth.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a county court judge in a civil case or from the magistrate in a criminal case heard in the magistrates court or the jury in Crown Court.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo

Customer: replied 22 days ago.
thank you for your answer, i have no idea what could happen next and when ? its been a terrible year, i knew the student was happy with the couse and had been given to me to sort out but didnt know thsing would go thsi far. lost my job and now may lose my home.
Expert:  Jo C. replied 22 days ago.

Yes, I know. I understand.

I hope you had a solicitor during the interview?

Customer: replied 22 days ago.
no i didnt as i was in shock what happened was sure what was happening
Expert:  Jo C. replied 22 days ago.

ARe they going to find anything?

Customer: replied 22 days ago.
no idea if their was i had no idea
Customer: replied 22 days ago.
for all i know the student could have sent it over with his work ?, i think it was a pop up while demonstarting the work
Expert:  Jo C. replied 22 days ago.

Well, you know if you've been access pornography??

Customer: replied 22 days ago.
thank you for you help.
Expert:  Jo C. replied 22 days ago.

Good to talk to you.

No problem.

All the best.

Hopefully,I have answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.