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SA Motorbike Stolen then Recovered and Held by Police?

Discussion in 'Criminal Law Forum' started by Mark Thirkill, 27 June 2015.

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  1. Mark Thirkill

    Mark Thirkill Member

    27 June 2015
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    Hi all. My motorbike was recently stolen, then recovered about 6 days later damaged. Police informed me that they are holding the bike for forensic testing. They have had the bike for 2 weeks now and I have no idea when it will be released. They have obtained DNA from me to sort mine out from the villains, whom is known to them.

    My question is how long can the police hold my bike for? They are being very evasive and won't tell me when I can have it back. The bike is insured and will likely be a write off, but motorcycle insurance company won't pay up until bike is released to them so it can be sent to a salvage dealer.

    So I'm very frustrated and need some help.
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi @Mark Thirkill,

    I notice that this question was asked a while ago. Apologies for the delayed response, I only came across your question recently.

    Has there been any update on your situation? Has the police released your bike? If so, it would be great to hear your outcome.

    As far as I know, it is difficult to request an item of evidence returned from police if there is an active investigation and it is required as part of this investigation. However, you can apply to the Magistrates Court for the return of your bike. The court will hear reasons (from police) why they have not yet released it, and when they propose to be done with the item. If the police wish to charge the offenders, they may need the bike as evidence, or to gather evidence from the bike.

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