Listener Crossword No. 4843 Excuses,...
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prosecuted for possessing items already reported to police
8 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
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From what you say, it appears you have already been to Court & been found guilty. If the facts are as you have set out, this looks very like a miscarriage of justice - assuming the facts were properly explained to the Court & any necessary proof was given.
You need urgently to seek legal advice with a view to appealing. You can go to the Independent Police Complaints Commission (see website) to make a formal complaint about the police force involved & you should probably do that as well as appealing, but talk to your solicitor first.
You need urgently to seek legal advice with a view to appealing. You can go to the Independent Police Complaints Commission (see website) to make a formal complaint about the police force involved & you should probably do that as well as appealing, but talk to your solicitor first.
Some things dont make sense, Why did you make the original complaint to some Police force other than your local Police. How did you come to be in possession of these illegal items you should not have been in possession of. It appears to me you made a report to "A" Police force. They contacted "B" Police force( you were requested not to as this would have led to confusion) who carried out an enquiry which resulted in you being prosecuted. You should have raised your concerns with a solicitor before you were prosecuted as it seem to have had very serious consequeces.
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