Obtaining an order for return of property from police

[beagle007]

Hi,
Police seized my mobile phone and equipment claiming that they had a warrant to do so.They have told my solicitor that my property can be released but the police property office is refusing to do so and are deliberately being repeatedly rude,obstructive and obnoxious.As a last resort have wriiten to police demanding they release my property within 7 days received an acknowledgement but nothing else.It is my understanding that I can make an application to the magistrates court for a return of my property under Police (Property) Act 1897 section 1 but am unsure what documents to file and the potential costs involved? I also strongly suspect that there was no magistrates warrant as I have made an SAR and the police have refused to comply. Can anyone assist with the necessary application and obtaining the alleged magistrates warrant? - Thanks

[paulajayne]

1. Was there a warrant.
2. Is there an ongoing investigation that your items may be evidence?

[beagle007]

Thanks for reply paulajayne,

1. police said that they had a magistrates warrant - but will not know for sure until I have seen police warrant application and warrant itself which they have so far refused to produce.
2.There is no ongoing investigation as far as I know.

[GBExile]

You need to write to the Chief Constable requesting your property back & in the same letter ask for the reason for refusal if they refuse to do so.

If they don't give it back it will mean you are still under investigation or they could feel that offences will be committed should they return what you have requested.

The police are awkward b******* sometimes. I launched a civil court matter in which the Judge ordered my complete history from the police that they supplied apart from the one thing I needed which they wouldn't disclose. So up yours Warwickshire police. They cost lost me £4k for no reason whatsoever & there was even a court order for disclosure.

Best of luck.

[beagle007]

Thanks for reply paulajayne,

1. police said that they had a magistrates warrant - but will not know for sure until I have seen police warrant application and warrant itself which they have so far refused to produce.
2.There is no ongoing investigation as far as I know.

Thanks for reply GBEXILE have sent letter giving them 7 days to return my property but looks like will have to obtain court order against chief constable as they are unrepsonsive.Did you use an official return of goods application form to obtain your order or did you submit your application in your own format?Could do with a template.

[Aged William]

Hmm. This seems a bit odd to me.

1. Was the OP arrested?
2. Was the OP present during the search?
3. Was it the OP's premises being searched?
4. Where is the occupier's copy of the warrant?
5. Were is the occupier's written record of the search?

[GBExile]

Thanks for reply GBEXILE have sent letter giving them 7 days to return my property but looks like will have to obtain court order against chief constable as they are unrepsonsive.Did you use an official return of goods application form to obtain your order or did you submit your application in your own format?Could do with a template.

You are probably better off giving them 28 days. You could also speak to a criminal law solicitor & get them to liaise with the police directly.

[beagle007]

Hmm. This seems a bit odd to me.

1. Was the OP arrested?
2. Was the OP present during the search?
3. Was it the OP's premises being searched?
4. Where is the occupier's copy of the warrant?
5. Were is the occupier's written record of the search?

Thanks for reply AGED WILLIAM,

1. OP was not arrested
2.There was no search.
3.police claimed to have a search warrant for OP's home
4.NO copy of a warrant or warrant application has ever been produced.
5. No occupier's written record of the search has been sighted.

Property was seized in police/custody facility.
Odd = Unlawful?

[GBExile]

Hmm. This seems a bit odd to me.

1. Was the OP arrested?
2. Was the OP present during the search?
3. Was it the OP's premises being searched?
4. Where is the occupier's copy of the warrant?
5. Were is the occupier's written record of the search?

If you think the police always follow PACE you are sadly mistaken.

[beagle007]

1. Was there a warrant.
2. Is there an ongoing investigation that your items may be evidence?

1. No copy of a warrant or a warrant application has been produced to-date.
2. Have police property release reference number so cannot see how any investigation can be now claimed .When I question police they refuse to answer or hang up-hence need for magisrate's court order for the return of my property.

Thanks

[Aged William]

There are some inconsistencies in this tale which make it difficult to give a proper answer, such as...

2.There was no search.

3.police claimed to have a search warrant for OP's home
...
Property was seized in police/custody facility

I can understand why the OP may be reluctant to give a full and accurate account on a public forum, so I suggest they seek proper legal advice from their solicitor (as per post #1) who can consider all the relevant facts. It is what they're paid for, afterall.

[beagle007]

There are some inconsistencies in this tale which make it difficult to give a proper answer, such as...






I can understand why the OP may be reluctant to give a full and accurate account on a public forum, so I suggest they seek proper legal advice from their solicitor (as per post #1) who can consider all the relevant facts. It is what they're paid for, afterall.

Thanks for the reply AGED WILLIAM there is no reluctance on my part I simply cannot post details and particulars ot a police search warrant that the police refuse to disclose. As previously posted I can make an application for the return of my property via the Police Property Act (1897). Do you know the correct application format? There must be someone on the forum who has made such an application?

Thanks