Quizzes & Puzzles5 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
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This is a complicated and very serious matter. I reccomend you get in touch with a good solicitor urgently. There are qualified people on AB but I think this is too complicated to be dealt with by an online forum.
The Police complaints authorities should be informed as well , but I would get professional legal help first.
The Police complaints authorities should be informed as well , but I would get professional legal help first.
08:49 Wed 12th May 2010
-- answer removed --
Charles
If the material in question is 'computer related' then this is a fairly complex area of law but for you to receive proper advice on here then I am afraid you are going to have to make a full disclosure of the facts including how the courts interpreted your claim of reporting the prohibited articles to another police force.
If the material in question is 'computer related' then this is a fairly complex area of law but for you to receive proper advice on here then I am afraid you are going to have to make a full disclosure of the facts including how the courts interpreted your claim of reporting the prohibited articles to another police force.
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