Police property act (getting electronics back from the Guards)

HollowedTree

Hi there,

I had my electronics taken by the Guards a year ago, I gave them willingly and passwords (they had a search warrant for the house). Case wasn’t regarding me at all, I wasn’t being investigated, and the person’s case concluded months ago. My husband living in different country, who also had devices taken regarding same person’s case, has had all returned many months ago. I was given a detective name and contact number to ring, but no receipt of devices taken. I have tried to ring many times over the year, someone answers to say they will let detective know, and I hear nothing back. Tried ringing HQ also a few times, just direct me to the same number the detective gave. Is there anything else I can try first?

I am originally from the Uk, but was living in Ireland at the time. I had to move back to the UK after this instance. The person being investigated lives in the UK. I don’t know if my devices were used in trial, seems very unlikely as it was an occasional contact online with no information or knowledge on their crime, and UK police had all of the person’s devices already.

I saw you can request property back under the ‘Police Property Act’. Might be related to the ‘Police Property Application Proceedings’. But I can’t afford a lawyer and it would probably be more expensive than my electronics (although I really need them). It confuses me, and I also am not always sure how to differentiate between information about UK police and Ireland Garda (as some of the .ie pages also say police, not Garda…?).

I’m firstly confused about whether you have to send the application by post, or go there in person. And whether you have to go there at all to deliver the application, or if you have to appear in court, or anything like that. Also whether you must go separate to pick up devices, or if they send in post.

This is the only information page I found really about this, that was direct from the Garda, was a (very limited) information page, that has a blank application, and a blank example application pdf. I can’t post links as this is new account. It comes up on Google when typing ‘Order 31A Proceedings Under The Police (Property) Act, 1897’.

Is this the correct application, and how can I submit it? And to where?

Also, you must fill out when the court date is, which I am also confused about.

If anyone has any information at all on how to retrieve property from the Garda, I would really appreciate it. It’s a little annoying because this was nothing to do with me, I have no money to replace the electronics, and it has important information I need for submitting my husband’s visa application we are currently trying to get. They didn’t even tell me why they were there, only found out why later by other unrelated means.

Thank you very much for your time! I am very grateful for you reading. I was young and living alone in Dublin when this happened and certainly befuddled by it all. I just don’t know what to do.

28064212

how to differentiate between information about UK police and Ireland Garda (as some of the .ie pages also say police, not Garda…?

This part's fairly easy: "police" is a generic term, it's just the English-language word for "enforcer of the law". Garda Síochána is the name of the national police force in Ireland. "Irish police force" and "Garda Síochána" mean exactly the same thing.

With regard to your property, I don't have any specific legal advice, but you're being far too passive about this. It's been a year. Ring the number you were given and demand to know when the detective will contact you, with an exact time and date deadline. If you don't hear by then, ring back immediately and demand to know the reason why. Demand to talk to the person's superior. If you have forms to fill out, demand to know what they are and where to find them. If you have questions about the forms, immediately contact them for details.

It's an unfortunate way of the world, but far too often the squeaky wheel is the one that gets the oil. You need to make yourself enough of a nuisance that it's easier to just deal with than ignore - at the moment, it's far easier to put you at the back of a queue of "noisier" items

HollowedTree

Thank you for your reply!

I did try to ask when he will call me back, and another time to speak to someone else, and another time asking how I can apply for property, but they only said I must speak to the guy who took the items and nothing else. But I definitely was too passive and didn’t follow anything up after asking once. I don’t want to bother the person who answers phone if they can’t do anything. However I feel more confident from your message, thank you, I will definitely try to be more bold.

Don’t have much hope they will answer whatever I do, more hope of people on forums giving me advice (the other thing they did when phoning the normal HQ was just bounce me around different departments who all said this was the wrong place to phone). But worth a try for sure, must be able to get the information somehow.

Thanks again!

hullaballoo

There is the application you mention that can be brought in the District Court to have property returned but the District Judges can be slow to interfere with a police investigation and very uneasy making an order to compel someone to do something (since they do not have jurisdiction to do this generally).

I would agree with 28064212 that you should rattle the cage a bit and see if you can motivate them to return you your property.

Oscar_Madison

Make a complaint to GSOC and document every phone call and request you made - or go in person to the station and state you wish to make a complaint - you’re obviously way down their list of priorities if you even were on such a list in the first place which is doubtful -you’ve been treated like sh1te- time for the worm to turn

halfpastneverr

Go to court office, fill out a police property act form & pay the stamp duty (either €15 or €25 can't remember which,had to do it for a bike the guards incorrectly seized off me years ago) serve copy on the investigating guard/their station in person or by reg post, get statutory declaration of service witnessed either by a PC (free) or District Court Judge (free) and see what the response from the guards is when case is listed in court. Don't necessarily need a solicitor for any of that. Just a bit of hassle and running around to do really.