Hi all,
This is an interesting one. I want to make sure we go down the correct channel to ensure my friend gets the device back as he has been advised not provoke the police into attempting to keep it longer.
He pleaded guilty to 1 count of possession of Cannabis, 1 count of possession of unlawful possession of utensils and 1 count of supply (less than 1.5g). The Judge showed discretion and no convictions were recorded, with only a DAAR sentenced. The lawyer mentioned in the hearing the requests lodged for the Mobile Phone to be returned (iPhone X over a year left on lease) and the Judge responded that there was no need for the Police to hold onto it. After the Hearing the Lawyer as well as the DAAR Referral Officer at the Courts mentioned that returning to the police station, showing the sentence form and requesting it back would allow the phone to be returned.
Upon arriving to the Station the Authorized Property Officer refused to hand back the device because it was used in relation to the offence and mentioned that the only way in which she could, was if a court order was made or the officer that seized the device decided it was okay?
This is contrary to the advice given at Court. What is the best channel to go down?
My friends Lawyer said that he should wait a few days for the paperwork from the courts to arrive to the station in case there is a court order in that stack. My friend is worried that their phone will not be returned and it is on a lease plan which is primarily used for their full time job. Are the police able to keep hold of the device indefinitely?
Thanks for any and all help!
This is an interesting one. I want to make sure we go down the correct channel to ensure my friend gets the device back as he has been advised not provoke the police into attempting to keep it longer.
He pleaded guilty to 1 count of possession of Cannabis, 1 count of possession of unlawful possession of utensils and 1 count of supply (less than 1.5g). The Judge showed discretion and no convictions were recorded, with only a DAAR sentenced. The lawyer mentioned in the hearing the requests lodged for the Mobile Phone to be returned (iPhone X over a year left on lease) and the Judge responded that there was no need for the Police to hold onto it. After the Hearing the Lawyer as well as the DAAR Referral Officer at the Courts mentioned that returning to the police station, showing the sentence form and requesting it back would allow the phone to be returned.
Upon arriving to the Station the Authorized Property Officer refused to hand back the device because it was used in relation to the offence and mentioned that the only way in which she could, was if a court order was made or the officer that seized the device decided it was okay?
This is contrary to the advice given at Court. What is the best channel to go down?
My friends Lawyer said that he should wait a few days for the paperwork from the courts to arrive to the station in case there is a court order in that stack. My friend is worried that their phone will not be returned and it is on a lease plan which is primarily used for their full time job. Are the police able to keep hold of the device indefinitely?
Thanks for any and all help!