NSW Is there a time limit that goods can be held and charges laid

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4 January 2021
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Limitations to with hold goods and lay charges?
I was attacked by a lady who resides near a school where i was metal detecting, i defended myself and she rang police. When they arrived they said i was the person of interest and that the case was under investigation. They seized my metal detector as evidence assuming it had been used throughout the attack .. is there limitations to holding my detector and is there a time limit for charges to be laid
 

RiffRaffMama

Active Member
29 October 2020
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Yes. They can only hold the metal detector until the outcome of the event is determined. Provided it is not an illegal weapon (which it isn't), then it will be returned to you upon request once it is all said and done. If there is nothing about your metal detector being used as a weapon in her statement then there is no reason for them to hold on to it and you are entitled to have it returned immediately.
As for laying charges - it depends on what they intend charging you with. Some assault charges are summary offences (less serious) and some are indictable offences (more serious). Police have 12 months to charge you with a summary offence, whereas there is no time limit on indictable offences. You'll find they will charge you sooner rather than later if they are going to. The officer who took your statement will return to the station and discuss the matter with the head of that station. They will determine whether you have a case to answer to or not and will then either call you to tell you that they are not proceeding with any charges, or turn up at your door with a charges summary and leave it with you. Going by how you described it, I don't think they are going to drag you away in handcuffs, but if you haven't heard from them over the next 48 hours then call the station (you should have been given a business card by the officer who took your statement) and ask what is happening with it and when you can pick up your metal detector.