Police Seizing Property

[neil_loves_marie]

In April this year police attended my property and caused me severe injury from an uporovoked assault on myself.
We was in court Thursday where I was charged with 1 count of assault on pc.
I'm appealing though has there is a call recording that was played that showed i was on phone to ambulance crew at time as wife was ill, and the fact i'm partially deaf in 1 ear means I dont hear quiet things in my one ear.
The officer admitted he was scared of me being on phone due to thinking it was distraction tactic and hit me in the head with his handcuffs splitting my head clean open. Then him and his colleague went onto taser me, I ended up jumping from an upstairs window and my wife was charged with 2 counts of assault which will be dropped at appeal due to defending me.
From the scene in April they took my house keys which I got back Monday, almost 4 monthfter the offence took place.
They still have my CCTV HDD, and my mobile phone but refuse to give them back to me and state harassment if i persist in chasing up my possessions that I believe were unlawfully taken.They have no evidential value to the court case or the appeal process, yet they persist in keeping them.
What is the best way to use law to get my items back to my possession?

[woofgang]

Police Complaints process?

[neil_loves_marie]

they aren't replying to anything, even the fact they broke PACE rules to take the property, and have no evidence of the incident, they only cover my front garden and only show that and notjing else.
i've been having issues since 2008 with this police force and even when case is over with they refuse.
Only thing I can think of is they know I'll appeal as officer in uniform will be believed in MAG court, so appeal hits crown as they went for summary offence which is MAG only and not required for a crown court, this is why I wasn't given a chance to choose, and the the footage will show them entering my property with weapons drawn or came into the house in an agressive manner.
4 months ago the officers admitted I had no injuries to my head etc as i landed head first out the window, but in court remembered what he hit me with and these had no forensic examinations, and also had not been seized.
I will be using right to fair trial as set out in human rights charter in my appeal and the things the officers have admitted .

[cleggie]

pace only covers if you are in custody.seems you must have been a threat to the officers if they tasered you.

[hc4361]

PACE covers far more than custody, it applies to stop and search, powers on entry and seizure of property, arrest and more

http://www.legislation.gov.uk/ukpga/1984/60/contents

[EDDIE51]

We need the full story here. The police do not just burst into a house and taser someone causing them to jump out of an upstairs window without a lot of previous history to the incident. This is not the first time you have been assaulted by the police according to your profile. Do you want to tell us the full story? Please try and make it clear as your 2nd and 3rd paragraphs are hard to understand .

[New Judge]

Without wishing to get too bogged down (as your question is directed towards the matter of recovering your property rather than the charge itself) you do not say if you have yet been found guilty at the Magistrates’ Court. If you have and you appeal you need to understand that the trial will be effectively reheard in the Crown Court. However, it will not be a Crown Court trial (with a jury) which is what you suggest you would have opted for had you been charged with an “either way” offence. Instead it will be heard before a judge and two Magistrates (from a different Bench to the one you first appeared in). The appeal will take the precise form of the trial that was heard in the lower court and the verdict will be reached by the judge and the two Magistrates, all of whom have an equal say in the outcome (meaning the judge can be outvoted by the magistrates). Should your appeal be unsuccessful you will be liable for all the costs and charges from the lower court (including. If the offence took place on or after 13th April) £520 “Criminal Court Charge) plus another lot of costs and charges for the appeal.

[EDDIE51]

neil-loves-marie. PLEASE read NJs answer carefully, lose the appeal and it will cost you money 'LOTS OF MONEY' over £2000 .

[EDDIE51]

Is this yet another episode in your long running battle with the police over the arguments with your ex wife? We need the full story to offer any more advice.