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Police complaints procedure

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  • Police complaints procedure

    My 17 year old son started a little bike business approx 18 months ago and has been trading from my garage. He sources his bikes on Facebook and through a second hand dealer locally. He has done well and continuously invested money back into his business and has so far managed to buy a car , pay for his insurance and fend for himself. That’s where the good stuff ends. On April 23rd 2024 he was outside with his dad as he had someone coming to view a bike , and one police van and one police car turned up. They handcuffed and arrested my son and his dad and then told them they had been arrested for criminal damage , handling stolen goods and theft from a property. I opened my front room door to be created by an aggressive police man holding the door open to the downstairs loo as my husband was inside going to toilet . I asked him what was going on and he said my son and husband have been arrested for the above. I said I needed to speak to my so. And he told me that I would be arrested if I did. I said my son is 17 and they said they are aware and if I went outside and shouted to him I would be arrested . They then were overheard saying that it’s a shame they only got a section 18 as they would have liked to rip through my house . I was in complete shock as my son and husband were , who were then taken away to the police cells until 3.30am. They were arrested at 17.15. The police man told me that a police van would be coming with officers to search my house . I was on my own now. I said do you not need a warrant and they said no the inspector had signed off on it. The van never turned up and the aggressive polhce man came in to search my house for more bikes. They took 26 in total. They told me my son may not ever get them back even if they were not stolen and he is suspected as being a part of a criminal gang. My son was interviewed with his aunt present as his appropriate adult, I wasn’t allowed and a duty solicitor. They have been bailed with provisional charges till 23rd of June when they need to go back to the station. They also took my sons phone . They were fingerprinted and dna taken. They were also told by the police that a man was caught on camera stealing the bike but they think my son and husband are a part of this gang. Today I noticed that they have put out an appeal for 25 of the bikes , so one has been identified as stolen I suspect, and a the ages and area of my home , on Facebook , one policewoman saying that she was excited by this big haul. I know that if my son bought a stolen bike it would be through nievity (sp) and I have told him from now on to look on bike data bases and get receipts . This whole situation has been so traumatising for them and even though my son knows he hasn’t haven’t done anything knowingly, he’s so scared that the police will take all his stock and his reputation he has spent the last 18 months building up is in tatters now. Can someone give me some advice on the steps to take if they tell
    him he.cannot have his bikes back .
    Tags: None

  • #2
    Sorry the post is in a block I pressed the wrong button before I could edit the post .

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    • #3
      You need to get a solicitor onto this very quickly. Find a good criminal one locally and go and see them. Your son may be entitled to legal aid. If he gets a conviction or caution it could cause problems throughout his life so what you do next is extremely important.

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      • #4
        Also I forgot to mention regarding the bike they thought was stolen the police had been calling him pretending to be a customer to make sure he was there when they turned up .

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        • #5
          Shall I not stick with the duty solicitor or find an alternative one . They have been bailed pending investigation and not officially charged yet .

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          • #6
            Depends. It is your choice. What has duty said about the way forward? You need them to be working to ensure he is not charged if possible. Go and see the firm where the duty solicitor works if you wish - what matters is that they are proactive and do not sit back and let it happen

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            • #7
              Ok waiting for them to call and we will make an appointment to see them . Thankyou

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              • #8
                Good luck. Come back and tell us what they say. Keep looking here as some other members may come along with advice / suggestions. Hopefully your son has records that he bought each of the bikes which could be used in his defence. You want the CPS to think the defence would be sufficient so they do not charge - they will only charge what they have a good chance of winning. Beware also Police caution. If your son cannot prove his case or in certain other circumstances it may be best to accept a caution. But it DOES matter and will have some implications for his future. Do not let the Police tell you it does not. A caution is better than a conviction. Best of all is neither. I am not a solicitor but deal with these type of cases in the magistrates court. You need a good solicitor and should take their advice. I do not recommend just sitting back and letting the process happen to you...

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                • #9
                  Ok thanks and I will . The face book post just made me see red . It was insinuating that they were guilty and the bikes are stolen. Just seems very unprofessional to me . I’ll let you know what solicitor says . Also they said he may not get any of the bikes back even though it’s only one that has been identified as stolen . Obviously he’s lost that one and fair enough but to take them all ? I’m feel so bad for him.

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                  • #10
                    Well 3 calls to the duty solicitor who I have found out is a paralegal, and no calls back. Guess I need to find another solicitor

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                    • #11
                      Sounds like a good plan. You need a local criminal law specialist. Here are the sentencing guildelines for theft. I think they will entitled to free representation for a police interview if/when they are called for their next one. Ask the solicitor. Needless to say do not speak to the Police without a solicitor...
                      https://www.sentencingcouncil.org.uk...theft-general/

                      Comment

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