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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to ask on here for the traffic?

72 replies

undetected · 07/06/2014 11:58

I need legal advice and fast!
I have nc.
I need advice please.

I am on bail after being arrested yesterday. The police have not made a decision as to whether to charge me or let me go with no further action.

My mobile phone has been confiscated by the police until I am required to return to the police station.

I have 1 disabled child and rely very heavily on my mobile phone. (It is my main source of contact, I need to be contactable at all times, it has everyone's numbers on it and my diary.)

How can they justify confiscating my phone for more than 6 weeks?
How do I get it back?
What are my rights?

CAB is not open in my area today (Closed 1st saturday of every month.)
I cannot find a solicitor on a Saturday.

I am going crazy not knowing what my rights are or how to proceed apart from to wait until Monday, but if anyone out there knows anything about criminal law, please advise me?

OP posts:
abbi74 · 07/06/2014 12:00

Why did they confiscate your phone? Was your phone used as part of the crime you're accused of?

Original poster
undetected · 07/06/2014 12:00

I also have various things directly synced to my phone like my emails, and my laptop is rapidly malfunctioning due to age and previous wear and tear.

OP posts:
deakymom · 07/06/2014 12:01

is the crime to do with the phone? if not can you explain and ask for it back?

the worst they can do is say no

can you see a solicitor

can you at least ask to copy the numbers and the diary?

TroyMcClure · 07/06/2014 12:01

not a hope I reckon
borrow a phone and buy a SIM

Original poster
undetected · 07/06/2014 12:02

The crime I have been accused of is harrassment, via some texts and phonecalls during one week in the month of May.

I have told the police I am not aware of all of the texts or calls they are referring to, although some of them were sent by me, yes.

Their idea of what constitutes harrassment is confusing, to them apparently as well as me. Confused

OP posts:
abbi74 · 07/06/2014 12:04

"Police should only seize goods if they have reasonable grounds for believing that:

they have been obtained illegally; or
they are evidence in relation to an offence.
In either of these cases, they must also have reasonable grounds for believing that it is necessary to seize the goods to prevent them being lost, stolen or destroyed."
www.adviceguide.org.uk/wales/law_w/law_legal_system_e/law_police_e/police_powers.htm

AreYouFeelingLucky · 07/06/2014 12:05

No chance of getting it back, they'll be collecting evidence of the calls and texts from the phone and your network.

Do the conditions of your bail forbid you from getting another phone?

abbi74 · 07/06/2014 12:07

They will need your phone as evidence, and they will not return it as you could destroy that evidence. They'll be examining your phone to see what messages were sent etc.

Original poster
undetected · 07/06/2014 12:07

I guess they want to search through the phone to ascertain whether the texts and phonecalls took place and then make a decision as to whether they want to proceed with a prosecution?

I understand why they have seized my phone, but they have not seized the accusers phone, and why can't they just go to the phone company, since the police claim that some texts and calls were to and from the accusers and my own landline and the police already said they could go to BT to retrieve records.

OP posts:
PrincessBabyCat · 07/06/2014 12:08

If the police have it, consider it lost. Police took evidence from me when I was a victim of a crime and I never got it back. Go to the mobile store and get a new phone. People lose their phones all the time and get replacements. The old one will be disconnected for use, but they can still get information off it needed for the case.

Most important numbers will be online, and a good chunk of people have their cell numbers on facebook. If not, just ask for the numbers again you can just say you dropped your phone in the toilet, you don't have to explain why.

Good luck.

ICanSeeTheSun · 07/06/2014 12:09

All you can do is get a cheap payg phone and perhaps write a list if the most important numbers you need.

Original poster
undetected · 07/06/2014 12:10

I am not aware of any conditions of bail stipulating that I cannot use another phone. I do not have the copy of the bail conditions because I was taken out of the police station to a waiting car so fast that I left the paperwork there with the conditions printed on them.
They said they will post the paper to me.

OP posts:
YoureBeingASillyBilly · 07/06/2014 12:12

Are you for real? You are accused if harrament by text and phonecalls and you dont get why you cant have your phone back? Confused or maybe you do get it and are hoping for some loophole that will allow you to get it back so you can destroy evidence.

Original poster
undetected · 07/06/2014 12:12

I am paying for this phone via a contract monthly. If I report the phone as lost to the insurance company, will I get a replacement?
Or is it different when the police seize the phone?

OP posts:
Original poster
undetected · 07/06/2014 12:13

I do not wish to delete any evidence. I thought they could just go to the phone company where tbh they would probably get more information?

Just because I have been accused of harrassment does not mean I am guilty, even the police said that!!

OP posts:
YoureBeingASillyBilly · 07/06/2014 12:15

I didnt say you were guilty. Although you did say yourself you admit to sending some texts and calls.

I have told the police I am not aware of all of the texts or calls they are referring to, although some of them were sent by me, yes.

sleepyhead · 07/06/2014 12:15

It's not lost, it's at the police stationConfused Please don't make things worse by lying to the insurance company.

TroyMcClure · 07/06/2014 12:16

IME forensics on IT take months.

gamerchick · 07/06/2014 12:17

It'll be months not weeks before you get it back.. I would get another one in the meantime.

Original poster
undetected · 07/06/2014 12:17

I sent some texts and made a couple of phonecalls, yes. That doesnt constitute harrassment in my book.

OP posts:
angelohsodelight · 07/06/2014 12:19

So you've already been arrested and now want to lie to the insurance company! Nice.

Gobbolinothewitchscat · 07/06/2014 12:23

Get another phone. Don't lie to the insurance company. Your phone is not lost or stolen

Go to the police station and pick up a copy of your bail conditions. You're at risk of breaching them if you don't know what they are

Make an appointment to see a criminal lawyer on Monday

Fairenuff · 07/06/2014 12:24

The phone is evidence so you won't get it back. You need to get a cheap payg phone to tide you over.

ExcuseTypos · 07/06/2014 12:24

Just go and get another phone. Whether you're guilty or not, you won't get the old phone back for months. Just consider it gone.

And do not lie to the insurance company- that is also a crime.

PatriciaHolm · 07/06/2014 12:24

A few texts and phone calls could easily be construed as harrassment, if the content was threatening/abusive etc or repeatedly sent/called at times you knew the other party was asleep.

Consider the phone gone for a few weeks; you don't stand a hope of getting it back until the police are done with it, it's evidence right now. Get a cheap PAYG for now. Don't lie to the insurers, that will just compound your problems.

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