Garda propert act

oorrccaa

Police property act 1897. Hi. I have recently been raided in relation to stolen goods. They took quite a few of my items. Only one of which I believe was stolen when I purchased it.

How should I go about getting my property back. Will I have to wait until I am charged with possession of stolen goods to put in an application.

Will the fact that one of the several items was stolen effect me getting back items that are mine.

One other thing. Two of the most important items seized were bought on a classified adds site. So I would not have a receipt. So is it a case of me having to prove the goods are mine as opposed to Gardai proving they are stolen ?

Thank you

Croc

You are most likely looking at a charge of Handling Stolen Property

If so the onus is on you not the Gardai.

NoQuarter

No, it sounds like possession and not handling to me. section 18 of same Act.

ResearchWill

Croc wrote: »

You are most likely looking at a charge of Handling Stolen Property

If so the onus is on you not the Gardai.

I would think possesion here http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0018.html

Handling is more often used in relation to a fence. But depending on the facts either charge could be used.

oorrccaa

ResearchWill wrote: »

Croc wrote: »

You are most likely looking at a charge of Handling Stolen Property

If so the onus is on you not the Gardai.

I would think possesion here http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0018.html

Handling is more often used in relation to a fence. But depending on the facts either charge could be used.

Thank you three for your opinion, but with all due respect it's not the answer I was looking for. I don't need to know about what charge I'm going to receive. I need to know about my property.

With regards to the possession act. At the time I bought the item in relation I was unaware of it being stolen. Only after I found out.

oorrccaa

Croc wrote: »

You are most likely looking at a charge of Handling Stolen Property

If so the onus is on you not the Gardai.

I would of thought it would be on them. As innocent till proven guilty.

It's not feasible for one too keep reciepts for everything. Once the guarantee is gone I would throw them away.

dermot_sheehan

A Policy Property Act application can be brought in relation of any property that is in the custody of the gardai, a district court judge is unlikely to grant the application if the property is evidence in upcoming investigations.

An application has to however be brought by a claimant to the property.

If the property was stolen, regardless of whether you knew about it, you did not acquire good title to the property (with one limited exemption relating to market overt) so its not yours and I can't see how you can make a police property act application.

The original owner (if he can be found) would have better title to the property then you.

PCPhoto

if found guilty you get your dont stuff back , if found innocent you can apply to have your stuff returned.

if you can prove that you purchased items via online adverts you should print out a copy of the online adverts and prove your username to authenticate you accessed the advert (you would more than likely have commented on the advert online)

if you already know/suspect some of the items were stolen then chances are the Gardai have been watching you and have evidence of you receiving/purchasing stolen goods.

Talk to your solicitor.

ResearchWill

oorrccaa wrote: »

Thank you three for your opinion, but with all due respect it's not the answer I was looking for. I don't need to know about what charge I'm going to receive. I need to know about my property.

With regards to the possession act. At the time I bought the item in relation I was unaware of it being stolen. Only after I found out.

You said in your original post "Only one of which I believe was stolen when I purchased it." how in gods name am I supposed to know what you mean. As you said you believe one of the items may be stolen so guess what the AGS may need that for evidence you know that silly thing courts need to prove an offence has been committed. If you want to get the rest back bring an application to get it back.

oorrccaa

ResearchWill wrote: »

oorrccaa wrote: »

Thank you three for your opinion, but with all due respect it's not the answer I was looking for. I don't need to know about what charge I'm going to receive. I need to know about my property.

With regards to the possession act. At the time I bought the item in relation I was unaware of it being stolen. Only after I found out.

You said in your original post "Only one of which I believe was stolen when I purchased it." how in gods name am I supposed to know what you mean. As you said you believe one of the items may be stolen so guess what the AGS may need that for evidence you know that silly thing courts need to prove an offence has been committed. If you want to get the rest back bring an application to get it back.

Sorry about that man I meant to say after. There was no need to be sarcastic. Im just looking for help. Sorry I made such a silly mistake.

Cheers

oorrccaa

dermot_sheehan wrote: »

A Policy Property Act application can be brought in relation of any property that is in the custody of the gardai, a district court judge is unlikely to grant the application if the property is evidence in upcoming investigations.

That's what I presumed. Thank You




An application has to however be brought by a claimant to the property.

If the property was stolen, regardless of whether you knew about it, you did not acquire good title to the property (with one limited exemption relating to market overt) so its not yours and I can't see how you can make a police property act application.

The original owner (if he can be found) would have better title to the property then you.[/Quote]

Thanks for that. Very clear.

He/She would be entitled too their property. What about the stuff that is not stolen ?

oorrccaa

PCPhoto wrote: »

if found guilty you get your dont stuff back , if found innocent you can apply to have your stuff returned.

if you can prove that you purchased items via online adverts you should print out a copy of the online adverts and prove your username to authenticate you accessed the advert (you would more than likely have commented on the advert online)

if you already know/suspect some of the items were stolen then chances are the Gardai have been watching you and have evidence of you receiving/purchasing stolen goods.

Talk to your solicitor.

Again like I asked Dermot, if found guilty on the item that's stolen. Will I be able to apply for the items that are actually mine, without proof of purchase ?

One item in particular I thought I purchased on adverts. I actually purchased on Gumtree. Which does not keep record of sold adds.

oorrccaa

Anyone

MagicSean

oorrccaa wrote: »

Again like I asked Dermot, if found guilty on the item that's stolen. Will I be able to apply for the items that are actually mine, without proof of purchase ?

One item in particular I thought I purchased on adverts. I actually purchased on Gumtree. Which does not keep record of sold adds.

You can apply of course. You may not be successful though. It depends on wether the state challenges your claim.

DollyB

I'm know a few people who have got raided like this and I am telling you it could be months even with receipts I've seen it happen and the guards will make excuse after excuse. Eventually they will give it back if you can prove you came into possession of the goods legally and they are not proven to be stolen but I would not hold my breath.

If you can prove you bought the stolen item fro gumtree and did not realize it was stolen then you more than likely wont get charged and obviously you wont get that back!

CarbonX

Hi oorrccaa

If I have added attachments correctly these are photo images of the Property Act 1897 & how to apply. My scanner is broken so couldn't give a better image.
The forms can be found in the criminal courts at Park Gate St, floor 4.
You can apply for everything you feel is yours. The Gardai will only object to returning property they are using in your case or any other cases that may relate to the property. The Judge will then order them to return them to you within a reasonable time frame.
You're best off waiting till your case is done & dusted with before you proceed.
It will cost you E23 (stamp duty)

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Victor

CarbonX wrote: »

Hi oorrccaa

If I have added attachments correctly these are photo images of the Property Act 1897 & how to apply. My scanner is broken so couldn't give a better image.
The forms can be found in the criminal courts at Park Gate St, floor 4.
You can apply for everything you feel is yours. The Gardai will only object to returning property they are using in your case or any other cases that may relate to the property. The Judge will then order them to return them to you within a reasonable time frame.
You're best off waiting till your case is done & dusted with before you proceed.
It will cost you E23 (stamp duty)

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