Arrested after taking legal advice

anniefoss

Nearly 4 years ago, I threw my abusive partner out. The final straw was him shouting at my special needs son. I was quite ill after the relationship ended and was told by GP that I had been suffering from mental cruelty. I called the local police as my ex had taken my passport, they eventually got it back and I also made allegations of abuse, my two sons also told the police what he had done to them. The local beat officer, said I could make a formal complaint, but did I want to put my boys through court. We decided to get on with our lives and not take it further. During the past years, I have written and emailed him giving him notice to collect his things. He has ignored all correspondence. I have legal cover with Tesco Finest Insurance. Two years ago I phoned and asked what I could do with the stuff left behind. They said it came under TORT (abandoned goods).They gave me info, but I didn't do anything. Fast forward to end of July this year. I decided to have my extension done and a bigger kitchen. The builder took down lights (ex bought them) and that was the kick I needed to get rid of all his stuff. I called tesco legal again, to check law. I was told I could dispose of the goods as I had given him reasonable time to collect. I was also told if I got any money from sale of goods to keep cash for a reasonable time in case he made a claim. I asked what was reasonable time and they said nothing is written down, but maybe 2 months. Anyway, my daughter sent an email to a company asking for a price for a puppet head (he was a collector of tv stuff). The company put out the email to their collectors and my ex was one of them. To cut a long story short, both my daughter and myself were arrested on Friday (in front of my two crying sons) and carted off to the police station. I am 51 and never, ever been in trouble with anyone. I was held for 10 hours and my daughter for 16. Charges were theft and we have both been bailed. I gave the police proof of legal advice and letters sent to him, giving him notice to collect his stuff. The police said, he had been watching my eBay account since beginning of August. Friends think he was waiting for me to sell things and then go for me. The things sold on eBay were given to boys by him and they had been asking for years to sell them. After being released, I asked the police why he hasn't been arrested red for stealing my passport or assault. I then made a fresh allegation if assault on me and my boys are waiting to be questioned. I just cannot believe, if you take legal advice and act in accordance with the law that you can be arrested.

mellymoo74

They are just investigating a complaint.

He sounds like a prince amongst men watching your ebay account!
Try not too worry and id keep my distance from him as he seems unhinged.

Oli.s

At the end of the day I suppose the police aren't psychic, you know all about the background, the advice you sought and what was told to you by tesco, the police officers only know that your ex has told them you've sold his stuff. You can bet your bottom dollar he hasn't mentioned abandoning it or anything like that, he may even have told them you refused to return it.

No one has a crystal ball, all the police can do is listen to both sides of the story and go from there. Although a voluntary attendance interview under caution not under arrest would seem more proportionate. Unless you refused to cooperate.

System

Interesting from a legal point of view. If your partner still has an interest in the house (still on the deeds etc) then he has every right to leave his stuff at the house regardless of of the advice from your insurer.
Note that Tesco is only an insurer, and probably not well versed in ownership rights outside their own little sphere.

Guest101

The simple fact is, you should have gone to the police station, asked them if they would supervise, to prevent a breach of the peace, as you were giving your ex one last chance to get your things. They'd make a report, and then you contact him. If he doesnt respond, you chuck it out, just bin it.

The police are investigating a complaint, which once the facts are established will be dropped no doubt. But you cant expect the police to be psychic and work everything out, in such a complicated case too.

Did you ask for a solicitor when you were interviewed? If not, that was stupid.

lika_86

Personally I wouldn't expect coppers to know anything about the law outside the criminal sphere (and sometimes they can't even seem to get that right). Bailment is one of those areas of law which isn't exactly prescriptive either (as Tesco suggested, although I would have thought that keeping the money for more than two months would have been advised).

rpc

Your legal advice sounds correct (provided ex had no right to the property you live in), but that doesn't mean it is easy to do. Ex was obviously waiting for this to happen. Complex legal arguments aren't for the police - the CPS and courts will deal with that bit. The police will deal with "she is selling my possessions without my authority" and probably not go beyond that.

From what the police would have seen, there is a reasonable suspicion that theft took place and that is enough to arrest. There might have been the option to attend voluntarily for interview but that would depend on the detail of the "long story" you missed out.

I hope you had legal representation during the interview! Best chance to get the police off you is to have your brief explain the legal side of it and keep pushing the complex arguments so that the police decide it isn't worth the bother (or refer to the CPS pretty quick to get their view which will be more legal).

Ex also has recourse through civil court, but that is why you keep the money held aside!

Yorkie1

Any items that had been given to the boys as gifts are no longer his and can be dealt with as you / they see fit.

For a theft charge to stick, dishonesty needs to be proved. Given what you've posted, I suspect that that element will be very hard for the prosecution to establish beyond reasonable doubt.

As others have said, did you have a solicitor with you in interview? If not, you need to get one before the first hearing which I imagine will be within the next week.

marywooyeah

lika_86 wrote: »

Personally I wouldn't expect coppers to know anything about the law outside the criminal sphere (and sometimes they can't even seem to get that right). Bailment is one of those areas of law which isn't exactly prescriptive either (as Tesco suggested, although I would have thought that keeping the money for more than two months would have been advised).

Nothing in this scenario screams bailment to me - the ops account suggests he abandoned the goods rather than there being an understanding that op would be looking after them for him. The charge is theft and as the poster above stated the CPS would have to prov e that op acted dishonestly: op could show that either she believed her ex would consent to the goods being sold, that the owner could not be found, or that she had a legal right to deprive the ex of his goods.

Its been a few years since I did any criminal law but if I recall correctly these three examples of honesty are under s2 Theft Act 1968. As op took legal advice from tesco she would have a good case to show she was not acting dishonestly.

Op the police are duty bound to investigate both sides soit is advisabke to be as co operative as possible, it may be worth asking the police to obtain tape recordings of the conversations with tesco insurance.

anniefoss

I am not stupid! As one post suggests. I took legal advice as I am not a dishonest person. I wanted his things out of my home, I have been asking for 3 years. I have no issue with the police, they were just doing their job. I have issue with the fact 3 years ago the police had to recover my passport from him and nothing was done about his abuse. The house is mine, he wanted to go on deeds but I wouldn't do it. I didn't have legal representation on arrest, on reflection maybe if I had I wouldn't have spent 10 hours in a cell. I do know he has a contract with the regional police and used a 'favour' to get an ex girlfriend arrested some years back. I don't need the money, I just wanted his stuff gone. I took advice and was told it came under TORT abandoment of goods act 1974. I don't just go off and sell stuff maliciously and in fact hasn't sold anything of his anyway

lika_86

marywooyeah wrote: »

Nothing in this scenario screams bailment to me - the ops account suggests he abandoned the goods rather than there being an understanding that op would be looking after them for him. The charge is theft and as the poster above stated the CPS would have to prov e that op acted dishonestly: op could show that either she believed her ex would consent to the goods being sold, that the owner could not be found, or that she had a legal right to deprive the ex of his goods.

If the goods were abandoned this does not preclude a bailment situation, the OP becomes an involuntary bailee which carries with it certain standards of care, it is on this basis that Tesco have advised.