UK - Police and the data protection act

[Evil GIR]

So swim was arrested for posession of mescaline containing cacti with all the chemicals and equipment to extract. Swim was on bail for about 15 months and then the charges where dropped. The police have only just said that swim can have everything back except for the cacti, because they beleive swim is gona extract mescaline from it and the police cant be seen handing over class A drugs.

Personaly swim thinks this is totaly Bull shit and was wondering if he is able to get a copy of all the records and notes kept on him about this case, especialy becasue all charges where dropped. I am not too sure on the data protection act or if the police are exempt from this.

Swim just wants his cacti back or a dam good explanation why the police wont hande it over. If it was illigal then why havent swim been charged and if swim wasnt charged then why cant swim have the cacti back.

Swim sure as hell not signing any release form saying they can keep it.

[chemlove]

SWIM thinks you should be happy in some areas of the world having the combo cacti and equipment would surely land you with charges of producing or manufacturing of drugs. In your case you take a hard one in the fact you loose the cacti, but in the end you get the big victory as you won't have to spend anytime with out freedom.

Plus SWIM once told me getting more cacti isn't very difficult.

[Bikelbees]

Originally Posted by chemlove

SWIM thinks you should be happy in some areas of the world having the combo cacti and equipment would surely land you with charges of producing or manufacturing of drugs. In your case you take a hard one in the fact you loose the cacti, but in the end you get the big victory as you won't have to spend anytime with out freedom.

Plus SWIM once told me getting more cacti isn't very difficult.

Whilst things could have been a great deal worse, I think you are avoiding the central point that if the police are going to interpret the law as a law unto themselves, then we are in big trouble. The police are there to carry out the law and judges interpret it (for good or bad), what we are seeing here is the police defying the law.

Reputation Comments on this post:

good point, thanks for pointing that out

[Pondlife]

To start with the fifteen months on bail only to have the charges dropped sounds like an abuse of process to me. I don't mean that in the legal way - perhaps the police and CPS are entitled to do that - but it sounds like they are deliberately keeping SWIY in a difficult situation for as long as possible without actually having any case at all.

Just to confirm, was this Irken chap actually charged, and what offense was he charged with? I'm kind of surprised that the CPS would agree to charge on such an apparently weak case.

The withholding of something that is apparently legal looks like spite to me. It sounds like the police are taking every opportunity to cause maximum inconvenience. Have you asked a solicitor about the possible ways to go about getting your property back?

Although I've no first-hand experience of this kind of thing, I have heard of it many times. Often it's with computers.

[Evil GIR]

Nope no charges, all that happened was swim was arrested with his labatory of doom of possesion of class a drugs with intent to supply.
All this was based on teh importation of cacti material.

Wasnt even charged, just kept on perpetuial bail upuntil last month, the police even said that the cacti is LEAGAL to have.
But they aint giving it swim back because if seim got caught extracting mescaline it would make the police look bad.



Anyway swim has just been in touch with my solicitors and they think that the police probably destroyed everything ages ago and thats why they cant give it swim back.

Bastards !!!

But it could of been worse, especialy becaeu swims tablet making machine he just got of the police is actualy coverd in mescaline. Not enough for a dose but enough to do a chemical anyalsis on to find out what it is.

So its almost over now all swim wants back is my computer and then its all done with.

But still, I think the police are pissed off and just making things akward for me.

But dose anyone think swim will be under investigation ?

[Pondlife]

So the police kept this chap under threat of being charged for fifteen months using pre-charge bail to avoid the detention time limit. Nice.

I would have asked my solicitor if it's possible to refuse bail in these situations and thus force the police to charge or release. Yes, it's a gamble and one could end up in the cells for a day or two, but at least it brings the situation to a head.

My understanding is that pre-charge bail can be made in two situations:

PACE section 34(5) - Bail to allow further inquiries; or
PACE section 37(7) - Bail to allow evidence to be reviewed.

You should have received a bail notice, which would hopefully tell you which one it was, but I suspect it was 37(7).

If they have destroyed your property isn't that criminal damage, like if I destroy a ball kicked into my garden?

Perhaps someone with more legal knowledge than me could comment further on this.

I would suspect that the police will be keeping an eye on SWIY, but I doubt that they would pursue this particular case, as surely they would have charged SWIY if they could.

The computer thing is a huge annoyance. I recall commenting on this before. All they needed to do was to image the disks and any other media; there is no need to keep the actual system that I can see. Again, may be worth him asking his solicitor what options are available for this.

[Mint boi]

I can surely see them keeping an eye on swiy!! Pill pressing machine... lab equipment ... mescaline cacti... they won't forget him soon!