RLP Civil Recovery

bookworm1363

Well, funnily enough, I was looking into that today, and the answer is that yes, they have... but only after criminal proceedings had been brought and the person found guilty in magistrates' courts.

So far, I haven't found a single incidence of them actually taking someone straight to SCC without the backing of a guilty verdict (which makes perfect sense to me). I'm still looking. If anyone finds something, I'd be grateful for a link.

sarahg1969

Hailz86 wrote: »

Not to start an arguement but it is actually a criminal offence to open mail not addressed to you punishable by fines and custodial sentences, nor was any advice on child raising given.

xx

No, no, no. It isn't. It is an offence to open a letter or parcel during its transmission in the post (not once it has reached its destination), and only then if you open it intending to act to the detriment of the intended recipient.

I do wish people on MSE would stop spouting this nonsense about it being illegal to open mail.

OlliesDad

sarahg1969 wrote: »

No, no, no. It isn't. It is an offence to open a letter or parcel during its transmission in the post (not once it has reached its destination), and only then if you open it intending to act to the detriment of the intended recipient.

I do wish people on MSE would stop spouting this nonsense about it being illegal to open mail.

Just to back up what you have said Sarah:

Interfering with mail - Postal Services Act 2000 Section 84

Triable Summarily (Magistrates court)
6 Months and or a fine (Max)

A person commits an offence if they without reasonable excuse intentionally delay or open a postal packet in the course of transmission by post or intentionally opens a mail bag.

A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, opens a postal packet which they know or suspect to have been delivered incorrectly

phlogeston

sarahg1969 wrote: »

No, no, no. It isn't. It is an offence to open a letter or parcel during its transmission in the post (not once it has reached its destination), and only then if you open it intending to act to the detriment of the intended recipient.

I do wish people on MSE would stop spouting this nonsense about it being illegal to open mail.

It is illegal to open mail. But, as with almost all laws in this country, it only applies is narrowly defined circumstances.

Opening someones mail, could also be illegal because it is theft, or because it is criminal damage. But again, only in narrowly defined circumstances.

The statement "it is illegal to kill someone", is of course equally wrong or right. I would have no problem agreeing with that statement, but of course could point to many exceptions to the rule (abortion, self-defence, war etc).

However, I did not ever argue it was illegal. I would never open mail address to my children or my partner because I respect their privacy, not because I might be arrested and charged with a criminal offence.

hollydays

Back to the original posting.
The OP said the girl was vulnerable,which is even more reason why sticking to getting a parent or guardian there is doubly important.

What if the girl had been scared,run off and gone missing.The security officer would be the one being questioned now.

sarahg1969

phlogeston wrote: »

It is illegal to open mail. But, as with almost all laws in this country, it only applies is narrowly defined circumstances.

Yes - the circumstances that I outlined.

phlogeston wrote: »

However, I did not ever argue it was illegal.

You will see that my response was not to you. I quoted the poster to whom I was responding.

Ste_C

Whether or not it's legal to open someone else's mail, I don't think it's particularly moral for a mother to open the mail of her 14 year old daughter.

OlliesDad

Ste_C wrote: »

Whether or not it's legal to open someone else's mail, I don't think it's particularly moral for a mother to open the mail of her 14 year old daughter.

If it looks like a bill etc i would have no doubt about opening my childs mail. If it is a bill the child is inclined to hide it, which we all know burying your head in the sand can be very detrimental! In addition, they would be very unlikely to be able to pay it. Or the letter could be something more sinister like the OP's situation.

While a child is in your care you have to do everything to protect them, which is what the OP was doing!

Poppy9

OlliesDad wrote: »

If it looks like a bill etc i would have no doubt about opening my childs mail. If it is a bill the child is inclined to hide it, which we all know burying your head in the sand can be very detrimental! In addition, they would be very unlikely to be able to pay it. Or the letter could be something more sinister like the OP's situation.

While a child is in your care you have to do everything to protect them, which is what the OP was doing!

I let my 14 year old DD open all her mail, but I only give it to her when I am in the same room to see her opening it!:D

Hailz86

sarahg1969 wrote: »

No, no, no. It isn't. It is an offence to open a letter or parcel during its transmission in the post (not once it has reached its destination), and only then if you open it intending to act to the detriment of the intended recipient.

I do wish people on MSE would stop spouting this nonsense about it being illegal to open mail.

My uncle works for royal mail, and he has checked for me, it is actually an offence to open mail not addressed to you unless you have the legal rights to it for instance like Power of attorney or similar situations.

Not to deter away from the point of the post, OP, my younger sister works in a boots branch in Hampshire and I asked her to look into this kind of situation, and it has come back from her boss that the mailing should have been addressed to you or your partner as your daughter is under 16 and can not be chased for this herself due to being a minor. I would write back to the company stating this and get them to send all future correspondance to you hun.

xx