Police can take property when it is connected to an offence or when they are investigating an offence. If you have been charged with an offence and the police took your property, you might be asking "when can I get my stuff back from the Cops?"
If you have been sentenced in the Magistrates Court, and there was not a forfeiture order made for the property, one month after the date of the sentence you can apply to have your belongings returned to you.
Fill out this - Draft
What do you need to do?
- Request a "Verdict and Judgement Report" from the Magistrates Court you were sentenced in.
- Check the VJR to make sure there was no order for the property to be taken off you. If a forfeiture order was made, it will be towards the end of the document along with the order sentencing orders that were made.
- Write out exactly what the property is (not just a mobile phone, a silver iPhone 7 in a red case) - If you still have it the field property receipt the police have to you when they took the items will help.
- Collect supporting evidence the property belonged to you.
- Draft the letter.
- Hand the letter to the office of the commissioner of police.
- Set a reminder to follow it up.
- (hopefully) Collect your property.
There may be complications or factors relevant to your circumstances that are not covered above. If you would like assistance to draft the letter for the return of your property please give our office a call on 07 5414 4209 and we can provide you with advice tailored to your circumstance
