law

[sazzy73]

hi folks, just wondering if any1 can help us! Its a tricky one.my friends boyfriend was murdered a few months ago at her home and money was stolen from her property. The accused who has pleaded guilty brought some jewellery with this money. the jewellery is still at the police station and we were wondering if she could claim it as it was brought with her money!Also the police did not charge the person with the theft of the money as they were concerned about the murder charge. will this make any difference and could she also claim for the money that was stolen? Thank you, we are at a lost end as we dont seem to be getting much luck from the police.

[themas]

Even though he wasn't charged with theft, has the accused admitted the theft, and that he bought the jewellery with the stolen money? If he has, then there really should be no problem in it being returned to your friend and the police should be willing to talk about it to her.

If he has not, then why have the police got the jewellery as it is presumably not evidence of anything other than theft?

Your friend is a victim of a crime and should have been put in touch by the police with a victim support service or suchlike. If she has, she should talk to that person and see if they can help get info out of the police.

If all else fails, there is a police complaints system. I think it normally starts with a letter to the Chief Constable.

[sazzy73]

Thank you for your reply. The accussed wrote a pre statement out when being interviewed and it stated that he did take the money. My friend has asked the chief inspector if there was any way of getting around it and he said he wasnt quite sure and ask at a soilicitors!!!Yes thank you, the victim support have been in touch with her, but it is difficult as there is a nine year old son involved with the bereavement process and my friend just wants to take it step at a time. thank you again.

[sazzy73]

In relation to the jewellerey when the person was arressted they were wearing the jewellery and it was only after did they inform the police that they had brought these items with the stolen money.

[themas]

My understanding of the law (maybe too simplistic) is that if the police find stolen goods they have to return them to the rightful owner. In this case, the goods have been turned into something else (i.e. the jewellery) by the thief but I can't see why that should cause any problem in them being returned as the thief has admitted what he did.

I can't see why your friend should be expected to pay a solicitor to find out an answer and don't understand the reference to "any way of getting around it". What is it that they think needs to be got around?

[sazzy73]

You are correct about them being returned to the owner but at the moment the owner of the jewellery is the jewellery store where he brought them from!!my friend and I dont know how that works tho!!

[themas]

How can they (the police presumably?) say that, assuming he paid the shop when he bought them. If he did, the shop is not out of pocket and can't have a claim. On the other hand, if he didn't pay the shop he didn't use your friend's money & what he told the police about doing so is wrong.

If - for some reason I can't understand - the shop was paid with your friend's money AND the shop still has a claim to the goods then - when the goods are returned to the shop - the money they received has to be handed back (otherwise the shop would have both goods and money). The money should then go back to your friend.

The police must be able to give a proper explanation of the position. If they won't, a formal complaint would seem to be needed.

[sazzy73]

That is exactly what we have said the shop is getting paid twice! It seems that the jeweller is gettin more back than my friend!!!