Police keeping property after having told them no further action wants to be taken.

CATS

Hi All,

Some of you might have read my previous post, but here are quick details. My son's bike got stolen last week by 2 boys. One was arrested, the bike recovered. I have told them we dont want to take it to court just want the bike back. Now the police officer dealing with the case is refusing to give the bike back. He says that he would still like to arrest the second boy and cannot release the bike until they have done so. It has been over a week now and they are still looking for him, I dont hink they will arrest him anytime soon. In the meantime I would like the bike back, can he refuse to give it back until they arrest him despite us not going to court?

Thanks

duchy

It is a difficult situation -one we were in recently.

Our car was stolen recently - the police apprehended them and arrested them almost imediately we reported it (yay for numberplate recognition software)so it was missing for 5 hours - however it took another nine days to get the police to release it as they needed to do forensics on it and as it was stolen in one force's area and found in another we got caught up in inter force politics over who would pay for forensics.

I suspect without the "evidence" of the bike they may not continue to look for the second boy so basically if you need the bike more than the second boy arrested then you can get it back (technically they CAN hold onto it but usually just drop the case due to lack of evidence if this is the case)

If the case isn't going to court (I'm sure you have your reasons) then ask to speak to the officer's superior and take it from there.

CustardAndPickles

Have you asked the officer what it's being held for?

If its forensics (unlikely on a stolen bike job involving children, but you never know) then you'll simply have to wait.

If its so that it can be produced as evidence in court at a later trial, try explaining (politely!) that you need the bike back, and that you're happy to undertake not to sell or otherwise dispose of the bike until after any trial so that it can still be produced as an exhibit.

I remember from your previous thread why you didn't want the case to go to court and so withdrew your support, but the police can - and clearly still are - investigating either this offence or a related one. You mentioned the offenders are well known to the police, so it will be likely that it is a priority to keep getting them in front of the courts for the offenders to be punished...the more convictions they have, the easier it is to get things like ASBOs or action taken by housing authorities etc.

spender

If there is enough evidence they can continue the investigation. They would soon be critised if they dropped the case without investigating fully. The person they arrest may admit it in interview people call police when they want action and then complain when action is taken!

spacey2012

Why did you call the police if you were going to refuse to co-operate with them ?

CATS

spacey2012, because I went to the boy's house myself to get it and they refused to open the door, so I called them to get the bike back as they would not open ther door, is that not what you do? call the police?.
Its not a matter of not cooperating, I told them who the boys where and where to find them, they arrested one, who already admited to having done it and admited being with the other boy. My son is not comfortable going to court, I want the bike back. They have had almost 2 weeks to arrest the other boy.

spacey2012

Once these kind of people work out you are scared of them, your boy is going to be in danger, who knows what they are capable of .
These peoples minds do not work like ours, your lad has had them arrested, only the thought of an almost guaranteed custodial if they interfere with a witness will offer your lad any protection.
If they get away with it, they may have the mindset he is an easy victim and his parents are too scared to do anything about it.

You need to sit down with a coffee and think this through, your lad has to walk the streets, these two have robbed him once already.
They are either afraid of the consequences or not .

Please take some good advice parent to parent, pick up the phone and co-operate and make sure these two little scroates know the consequences of picking on your lad and pick an easier target next time.
But my advice is do not think they will just leave it if they get away with it, the exact opposite will be more likely.
Protect your lad by teaching these two they stepped on the wrong family and co-operating with the police.

CATS

Hi Spacey2012, it's not so much that we are scared of them, far from it, within 15 minutes of them doing this I was knocking down their door to deal with them, the parents of one of the lads eventually turned up and apologised and asked the police to arrest him as they could no longer cope with him. They didn't use violence against him, I now know where they live and had they used violence this will be a whole different conversation. They also know I know where they live!!!!The kid the police are still waiting to arrest goes to a special school for kids with behavioral and anger problems, both have alreay been in and out of court and one of them, the one arrested was out on bail already. They are only 14 and apparently are well known to the police. I cant see how this minor offence (bike stolen) no violence used is going to even make a difference, they will just get told off and sent on their way which is even worst for us. They will know that they can do this and even go to court and they will still walk away. Whilst my son, who has never been in trouble or had dealings with the police would have had to go through the whole court process because of them. It is such a minor incident that all I really wanted was the bike back, as I knew where and who they were I called the police. My issue is that they must have already done some pretty bad things to have landed in court and they are still walking the street. My boy has a lot of friends who were not happy about what they did and have already had words with them about it. I have asked them not to get in trouble by beating them up. It just seems like such a small thing that is taking up the police time and my son has no bike for the summer holidays. To be honest I am not sure why they are still keeping it whislt they arrest him and he is walking around and many people have seen him around but somehow the police cant arrest him yet.

jackyann

You are on the horns of a dilemma. Can I suggest that you consider talking to Victim Support?
They tend to be understanding & know how the system works locally. They may help you to arrive at the best decision.
My experience is that the police usually only do this when they really feel that they need to; but that is not necessarily helpful to you.
I would add that if you feel threatened then you need to involve the police immediately (especially when a child is involved they take this very seriously). A word with your local PCSO may also be useful - I have recent experience of them defusing a similar situation.
I do hope it gets resolved.

geoffky

Victim support for this....Get out of here...Next someone will be along to tell you that you need counseling.