Following the conclusion of any proceedings the perennial problem of property always seems to raise its head.
If you have been taken into custody, the police may have taken personal items from you when you reached the police station; also, items may have been seized from your house or some other building.
If the police are still investigating an offence, and they say that the item they have seized may be part of the evidence, they can keep it until the investigation is complete. If your case is on-going but you do not believe that the items seized relate to the case, ask your solicitor. It may be that they can negotiate the return of some items and in limited circumstances an application can be made under the Police Property Act.
Lets be honest for a moment – you’re not going to get anything deemed to be illegal back, so wave goodbye to that hand grenade you were keeping for a special occasion.
In certain cases, money and valuable assets can be retained under the Proceeds of Crime Act, but your solicitor will advise you about this.
If the case has concluded, you are within your rights to ask for the return of your property
To do this, the officer in charge of your case must confirm with the Property Officer at the police station where you were arrested, that the case is over and authorize the restoration of your property.
If the officer cannot locate you, or you do not get in contact with anyone at the police station within 6 months, your property may be destroyed, it’s therefore important that you take the initiative and contact the police as soon as your case has concluded.
If you have had electrical equipment seized, make sure you test that it is in working order before you leave the police station. If, for whatever reason, it no longer works, it will be easier to raise the matter there and then, rather than after you have left the station….
Remember; the onus is on you!
Contact Beecham Peacock Solicitors in Newcastle on 01912323048 or out of hours on 07768 376 039
