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Topic: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws  (Read 3840 times)

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I am desperate to hear from anyone who can help me, as beside my husband I have no one else to turn to regarding this matter. In July of 2003, approx. 7:30 in the morn. The police knocked on our door and informed my husband that an accusation of theft has been made by  his former employer he worked for a year and a half prior. They asked if they could come in and have a look round, which my husband obliged even though there was no warrant of search. Moments later, they arrested my husband and he was carted off to police station. The policeman informed me that "what was going to happan now, was the accuser was going to come and identify a few things, and to avoid confrontation, I was given the choice of staying in an upstairs bedroom or the downstairs bathroom, (God as my witness) . To make a long story short, the accuser showed up a few minutes later, accompanied by a friend of hers, whom I had not given permission for. They went through my entire house, and took everything, they took books, receipts went through drawers, I was made to stay in there for over 3 hours, We live in a council home, and it doesnt take 3 hours for anything its so small. They put a ladder up against bedroom door to access my attic, where they proceeded to clean us out. I wasnt here that long and didnt know if I should protest against anything as I didn't know what rights I had and did not want to make matters worse unknowingly, so I did as I was told. Over the course of 3 and a half hours, I watched out my bedroom window, the two women carrying out boxes and just boxes of our things, I was sick to my stomach, as I know the procedure in the U.S. is evidence must be bagged by police. But none of it was, when they were done, I stayed glued to the window and thought surely another police car will accompany this vehicle but I watched them drive away with our life, till they were out of site. A few moments later, the officer said I could come out, I couldt help but say I don't understand how this could be allowed, I've never heard of evidence being allowed to be carted off with the accussing party, let alone not bagged or tagged at all. I asked the officer about receipts and he said that they had some, I tried to explain that he just let the lady drive off with our proof, she is in the party business balloons and etc., as is my husband. Which is going to now make it impossible to show proof. He then handed me a pink paper and said I had to sign it that it was just a formality, but it said in BIG BLACK LETTERS that this paper must be given before the search, not after, my gut feeling was not to sign this, but he said I had to. I had no choice but to do as I was told as I always was taught to never question police, and the last thing I wanted was to aggreviate the situation, so I signed it. In court I testified as to what happaned regarding the search, I had witness statements that backed up times and saw the women enter my home etc. They were not even asked for or looked at, I told the court all i've said here, and because of the fact It was my word against an officer, I offered to take a lie detector test, or anything of that sort to show I was honorable, I may as well never testified, nothing was questioned or done. The officer while giving testimony, lied about anyone but them entering my home, The accuser, than stood up in court and than admitted she did indeed enter the home, so i'm waiting for the judge to recognize that the officer was just proven a lier, purley by her testimony, to my astonishment,  nothing happaned to him nothing was questioned. This happaned twice, also the accuser broke 2 court orders which would have allowed us to view the evidence in the beginning, before anyone had time to alter it. No consequece was given to her, all the evidence was on her property and she denied us access even though we'd be accompanied by proper authorities. According to all the research i've done, what i've learned is that yes there are laws here, but that dosen't mean they are enforced, They can do whatever they want . Do you know if I was to request a hearing regarding the officer, he can have a solictor present, but I cannot! I am sick because my life is crumbling . I've contacted the embassy but they just give me a list of solictors in the uk, the law society, but I need an advocate to aid me, because I will be homeless and as of now am penniless.  I am turning to my own to offer any help regarding this matter. God Bless Sincerly, Dee
« Last Edit: February 08, 2005, 03:58:48 PM by TheloneYank »


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #1 on: February 07, 2005, 04:53:04 PM »
The most importing thing you need right now is a solicitor, do you have one? If not, you can apply for legal aid, which generally one can qualify for with an income of around £2000 per month, I'm not sure of the exact amount.


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #2 on: February 07, 2005, 04:55:13 PM »
Leah is right, get an attorney.  I would do it as soon as possible.  What has happened to your husband?  Has there been a judgment in his case?


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #3 on: February 07, 2005, 05:00:10 PM »
Hi Dee - this is extraordinary and it sounds like a lot of procedures were not followed correctly which would make the evidence taken from the house inadmissable.  Your husband should be eligible for legal aid and should ask for a solicitor immediately if he has not already done so. (I image he has one by now as this took place July 03?) The solicitor will also need to speak to you as you were a witness to what took place at your house.  I am a little confused about the court hearing you are talking about, was this the actual trial or a pre trial hearing or what?


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #4 on: February 07, 2005, 05:25:27 PM »
To all who have shown concern, I thank you, In answer to your question they found my husband guilty, our evidende was not even looked at,  even after the officer testified the lady didnt come in my home, but she testified she did , by her stating this I would think at that point they'd have to re-evaluate the officers testimony because it showed it was dishonest. Whether she got cold feet, I dont know. but still it was not acknowledged. I feel as if i'm going mad, this can't be normal please someone help me. with much gratitude, Dee
« Last Edit: February 07, 2005, 05:31:53 PM by TheloneYank »


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #5 on: February 07, 2005, 05:29:35 PM »
Ok so obviously your husband has had legal advice about this, right? So what did his solicitor say about the house search?


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #6 on: February 07, 2005, 05:45:17 PM »
The solictor was aware of this and we repeatidley brought it up, she would always either reply she didnt know, or would not return our calls, we only were allowed two meeting with the barrister, the initial one which he indeed said they broke the law, and the one right before trial.
We were never allowed to contact our barrister thats what the solicitor said, I guessing because it was legal aid? I dont know. He just kept saying he had to follow procedure. Nobody would answer us, the minute other solicitors found out we were being represented by legal aid, they could not provide us any advice. When it all kicked off, I phoned LIBERTY a free advice hotline, which they indeed agreed amongst other things my legal rights were violated, EVERYONE keeps telling me this, however than why is it happaning, they forgot to say "but have fun trying to prove it"


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #7 on: February 07, 2005, 06:04:36 PM »
No that is correct, barristers have to be instructed by solictors, they can't take instructions straight from the client - that's just the way it works here. I know that must  seem weird to an American though. 

Legal aid will only pay for one lawyer, unless you actually change lawyers for some reason, that is why you couldn't get any help anywhere else.

Liberty (a civil rights organisation) do take up cases like this sometimes, so it may be worth contacting them again, Also, Citizen's Advice Bureau (in your local phone book) can help you with free legal advice as well as benefits and housing advice which seems to be your immediate problems.


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #8 on: February 07, 2005, 07:42:38 PM »
Dear TLY:

My heart goes out to you, I can imagine it must be terrible to go through such an experience, feeling helpless and alone in a foreign country. From what you wrote I understand that the solicitor represents your husband's case. I would suggest you go and find your own solicitor. Have you thought of pursuing a personal injury case for the distress and anxiety suffered - if you might not get anywhere with your actual problem, you could simply try to take a different approach for the injustice suffered. Personal injury cases in the UK can be brought forward within 3 years from the time you became AWARE that you suffered a psychological accident (due to the actions caused by this police officer). PI solicitors work on a 'no win-no fee' basis which means that you only pay them a percentage in case of a successful trial. The reason why I am writing this is, I know that there is a new legislation that acknowledges injuries caused to bystanders or witnesses of accidents or crimes. What you described in your first post, the way you were treated in your own house and that you didn't get any chance of validating your own possessions, sounds to me as if that might fall in the same category.

You might go even further and lodge a claim for "Race Discrimination" - you could argue that the police officer treated you in an unfair way because you weren't British. The police would then have to prove that it's not true.

I've also found a website of the Independent Police Complaints Commission. I haven't really read their content but they give you advice how to bring a complaint forward.

I know my suggestions above sound a bit far reaching but having had my share of legal battles last year, if you want to get some form of justice you have to investigate any niches in the system!

Best wishes,
Connie
"Just because you're not paranoid doesn't mean they're not after you." — Kurt Cobain


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #9 on: February 08, 2005, 02:11:59 PM »
Dear Connie,
I just read your post, and I can barely type thru tears. Your kindness and concern moved me. Thank you so much, bless you. If you or anyone knows of a good solicitor who deals with this type of matter, I would be eternally grateful. If you or anyone knows of an organization or a person who could possiblly help me, I don't have much but I would give back in any way I could to show my gratitude. I can't seem to put it all in order, and sort through it all. I find myself walking from the kitchen to the front room and I can't focus on what or whom should be my first port of call. I've always had a problem with confrontation, and now I find myself having to take on the police the legal system, and the thing is as terrified as I am, I have to do it because its the right thing to do. I've always been a firm believer that the truth will prevail, but I find myself in a place where there doesn't seem to be logic, which is challanging my whole belief system. Again if anyone sees my original post and knows someone who could help me, please show it to them, I just need one person to see this who has the power to help me., I don't know who to trust. Please anyone who knows someone in the legal system, or is in the legal system, I beg you, please have a heart and help me do the right thing. Thank you Connie and all who read this. bless you.
Sincerly,
Dee


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #10 on: February 08, 2005, 02:21:55 PM »
Dee, you have got to take some action on this.

It has been suggested already that you contact your local Citizen's Advice Bureau. They can put you in touch with well-regarded legal advisors in your area.

All of us here on UKY live in different areas. As far as I recall, you haven't told us where you live. That's one reason why no one has even tried to recommend anyone.

Given what you have told us, and your story is somewhat confusing, I can't help but think that you must have some legal recourse. Either with your husband's case or with what Connie suggested.

Go to the Citizen's Advice. It's their job to help you!
When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #11 on: February 08, 2005, 02:39:41 PM »
Dear Balmerhon,

Thank you for your reply. I so appreciate your concern, I live in the Slough area. and thank you for any help or advice in this matter. Sincerly, Dee


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #12 on: February 08, 2005, 02:48:46 PM »
Slough Citizens Advice Bureau is 0845 120 3712

27 Church St, Slough

Call for their opening hours.
When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #13 on: February 08, 2005, 02:52:50 PM »
Thank you for that, unfortunatley, when I rang they were temporarilly closed because they dont have enough staff, I rang 2 others but they said because I live in Slough, they couldn't see me, that had something to do with funding and council.


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Re: PLEASE I NEED HELP I am desperate for someone with knowledge of UK Laws
« Reply #14 on: February 08, 2005, 02:59:56 PM »
Yeah, CAB are underfunded and run by well-trained volunteers. If you listen to the voice mail message at the above number, they give their drop-in hours. Find out what those are and go then in person. From past experience, you need to get there before they open to get a good place in the que as they don't do appointments.

Good luck!
When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life. ~ John Lennon


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