How long for stolen property to be returned?

SeanFxx · 14-10-2012 03:24AM #1

Say someone was mugged and the garda arrested someone. The arrested person had the exact amount of money that was stolen, fits the description, in the location moments later, known to the garda, but the person who was mugged is not really sure it was them.

How long would it take for this person to get the money back? If it was a large amount of money?

Thanks

Peregrinus · 14-10-2012 05:33AM

If the person mugged is unable to identify the mugger with confidence, then the guards are very unlikely to charge or try the suspected mugger (unless, perhaps, some other witness to the crime is able to give an identification). In those circumstances I don't see that the person mugged is ever going to get their money back.

MagicSean · 14-10-2012 07:47AM

Unless the person is charged and convicted its unlikely the victim will see that money

SeanFxx · 14-10-2012 02:08PM

The guards seemed pretty confident that it was them and that they will be charged.

They were two people who were well know to the guards and as soon as I described them to the guards they knew the person. Arrested them moments later, with the exact amounts missing.

The guards said that I will get the money but will just have to wait a little while, until they are brought to court?

Peregrinus · 14-10-2012 02:38PM

You'll have to wait until they are tried and convicted; if they're acquitted the money will be given back to them, not to you.

coylemj · 14-10-2012 04:05PM

Peregrinus wrote: »

You'll have to wait until they are tried and convicted; if they're acquitted the money will be given back to them, not to you.

I don't think it's as straightforward as that. The level of proof required for a criminal prosecution is deliberately set high to ensure that an innocent person isn't convicted but under the Police Property Act the judge has discretion as to who the property is returned to, regardless of whether there is a conviction or not.

Imagine someone robs a bank and gets away with €50,000 in cash. The cops raid his home, find all the money and he is charged with the robbery. He gets off the charge because the judge directs the jury to find him not guilty when it transpires that the warrant used to search his house was defective. Are you seriously suggesting that he is automatically entitled to keep the cash?

It's kinda similar to the situation with an assault. Just because someone who assaulted you is found not guilty in the criminal courts does not mean that you can't sue them for damages in a civil action. Similarly, just because someone is found not guilty of a theft doesn't mean they get to keep the loot.

OP, take a look at this document in the District Court Rules....

http://www.courts.ie/rules.nsf/0/8183d879e3bdf56880256d2b0046a062?OpenDocument

Peregrinus · 14-10-2012 10:25PM

Thank you for the correction; you're quite right. So presumably the guards will apply for the cash to be returned to SeanFxx, and even if the defendant is acquitted, if the judge is satisfied that the cash is indeed his it will be returned to him?

coylemj · 15-10-2012 04:47PM

Peregrinus wrote: »

Thank you for the correction; you're quite right. So presumably the guards will apply for the cash to be returned to SeanFxx, and even if the defendant is acquitted, if the judge is satisfied that the cash is indeed his it will be returned to him?

Correct, that's the situation the Police Property Act is designed to cover. It lets the police off the hook by handing the decision to the judge.

How long for stolen property to be returned?

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