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ChatterBank15 mins ago
prosecuted for possessing items already reported to police
3 Answers
I was prosecuted for possession of illegal items by the CPS due to arrest by a police force. However the items I was prosecuted for possessing I had already reported to another police force and had been advised by that force that they would be coming to collect and secure the items and that I was not to contact my local police force (the force that in fact arrested and charged me).
I have since received a FOIA disclosure from the police stating that the officers I made the report to had a legal obligation to attend my address and seize the items, as I had already requested they do, and that the officers had no discretion with this they had to attend.
I was also informed by FOIA disclosure that I as a member of the public am not legally entitled to have any further dealings with the items and that I cannot lawfully destroy them interfere with them or transport them, this would be the sole responsibility of the original police force that the items were reported to.
I have in effect been prosecuted for still being in possession of material that a) if the police had carried out their lawful would not and should not have been in my possession and b) I could not legally or lawfully remove, destroy or interfere with myself as it was for the police to deal with.
Have I got any case that I can take civil action for compensation as this fiasco has lost me my job, life savings and a place to train as a nurse.
All I did was discover a crime find evidence of that crime and report it to the police who in turn gave me inaccurate and unlawful advice and also acted outside their authority and did not discharge their lawful duties which they were required to do.
Thank you for reading this.
I have since received a FOIA disclosure from the police stating that the officers I made the report to had a legal obligation to attend my address and seize the items, as I had already requested they do, and that the officers had no discretion with this they had to attend.
I was also informed by FOIA disclosure that I as a member of the public am not legally entitled to have any further dealings with the items and that I cannot lawfully destroy them interfere with them or transport them, this would be the sole responsibility of the original police force that the items were reported to.
I have in effect been prosecuted for still being in possession of material that a) if the police had carried out their lawful would not and should not have been in my possession and b) I could not legally or lawfully remove, destroy or interfere with myself as it was for the police to deal with.
Have I got any case that I can take civil action for compensation as this fiasco has lost me my job, life savings and a place to train as a nurse.
All I did was discover a crime find evidence of that crime and report it to the police who in turn gave me inaccurate and unlawful advice and also acted outside their authority and did not discharge their lawful duties which they were required to do.
Thank you for reading this.
Answers
1 to 3 of 3
If what you say is true go and see a solicitor,
10:00 Tue 11th May 2010
I think we're talking firearms here?
There has been at least one case like this in the news
http://www.thisissurr...2-detail/article.html
I suggest you repost in law - some more qualified people will pick this up there but they'll probably give you the same advice.
And you'll probably need to be a bit more explicit about the "items"
There has been at least one case like this in the news
http://www.thisissurr...2-detail/article.html
I suggest you repost in law - some more qualified people will pick this up there but they'll probably give you the same advice.
And you'll probably need to be a bit more explicit about the "items"
1 to 3 of 3
