Police Seizure Notice Requirements

Summary

In England, police are required to provide a seizure notice when property is confiscated. Failure to do so may indicate procedural issues under PACE Code B, but it doesnt automatically mean rights are violated. Consulting a solicitor is recommended to explore the impact on your case and potential challenges to evidence admissibility. Citizens Advice can offer general guidance, but specific legal advice should be sought from a solicitor.

Full Conversation

Yes a Computer, Xbox and Phone
It sounds like some important items were seized during your arrest. Here are a few key points regarding property seizure in England:
- Police are generally required to issue a seizure notice when they confiscate property.
- Not receiving a notice within a reasonable timeframe could be a procedural issue.
- Consulting a solicitor for specific legal advice is recommended.
Have you tried contacting the police department to inquire about the notice?
What rights have they violated as it's been * weeks
In your situation, the potential rights or procedural breaches could include:
- Right to Property Notification: Police should provide a seizure notice, outlining the items taken and the reason for seizure.
- Timely Communication: Delayed notice could imply a breach of procedural fairness.
It's advisable to consult a solicitor for detailed legal advice. Have you attempted to contact the police regarding this issue?
Failure to Provide Seizure Notice (PACE Code B)
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It seems like there may have been a procedural issue with the lack of a seizure notice. You should consider contacting a solicitor for detailed legal advice on potential breaches under PACE Code B. Have you attempted to contact the police regarding this issue?
Can I request all evidence obtained from my device to be non-admissable since there has been no DMN or seizure notice so I don't understand how my data is being processed or used
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In England, evidence obtained without proper procedure, like a missing seizure notice, can be challenged. However, it doesn't automatically make it inadmissible. Consider these points:
- PACE Code B: Police must follow procedures for seizing property.
- Admissibility Challenge: Consult a solicitor to explore challenging the evidence's admissibility.
Have you consulted a solicitor about challenging the admissibility of the evidence in your case?
With Pace Code B if they don't provide a seizure notice have they violated the suspects rights
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In your situation, the potential issues with PACE Code B relate to procedural fairness and right to property notification. If the police fail to provide a seizure notice, it may not automatically mean rights are violated, but it could be procedurally improper. Consulting a solicitor is recommended to explore the impact on your case and potential challenges to evidence admissibility.
Have you reached out to a solicitor to discuss this potential breach and its implications on your case?
When would it be considered rights violation
Case Rating: *
In England, failing to provide a seizure notice can be a procedural issue under PACE Code B. It may not automatically constitute a rights violation unless it impacts the fairness of the case or the admissibility of evidence. Consulting a solicitor can provide clarity on potential rights violations and legal actions. Have you reached out to a solicitor to discuss this potential breach and its implications on your case?
Well how's it not unfair I have no idea what they are doing with it nor do I know how they are handling it
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It seems you're concerned about the lack of a seizure notice and how your seized items are being handled. Here are some general points:
- PACE Code B: Police should provide a seizure notice when property is taken.
- Procedural Fairness: Lack of notice can be challenged for procedural irregularities.
- Consultation: A solicitor can help assess the impact on your case.
Have you reached out to the police department to request information about your seized items and any related notices?
Can citizens advice help
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Citizens Advice can provide general guidance on your situation, but for specific legal advice, especially regarding procedural breaches and evidence admissibility, it's best to consult a solicitor. They can help assess potential rights violations and legal strategies. Have you considered seeking legal advice from a solicitor?
On * December *, police officers entered Room * at Trevanion Lodge and seized several of my electronic devices. At no point during the seizure was I provided with a seizure notice, property record, or any written documentation listing the items taken. I was subsequently transported to Newquay Police Station and detained for approximately * hours before being released on bail. No documentation relating to the seized property was provided to me during my detention or upon my release. Under PACE Code B, particularly Sections * and *, officers are required to make a written record of all property seized and provide a copy of that record to the person from whom the items were taken, either at the time of seizure or upon release. As of * December *, I have still not received any record of the items seized or the grounds on which they were taken.
Case Rating: *
It seems like you have a strong case due to the lack of procedural adherence by the police. Would you like to be connected to local lawyers who can better assist you with your case? If so, please provide more information about your situation.