Date: Wed, 4 Aug 2004 14:34:54 -0700 (PDT)
From: Pvt. Jester <redacted>
To: Mills1 Julie J <julie.mills1@avonsom.mcs.gsi.gov.uk>
Cc: "Mike Eveleigh (Firearms)"
<mike.eveleigh@basc.org.uk>
Subject: RE: FW: police (property) act 1897
Thank you for your reply. My father is terminally ill with lung cancer and only been given a few months at most to liive, so I shall indeed be returning to the UK temporarily at the end of August. Under the circumstances I won't be able to attend myself, but I will be engaging a solicitor to represent me in the magistrates court and make an application for costs of same. There is no lawful bar to exporting my property to the USA as none of the items come under the scope of firearms contol regulations here, and do not require Form 6 clearance from the BATF and US Customs. If the police have told you this, it is a blatant untruth.
I believe an order will be useful as Avon & Somerset Police will have to explain to the magistrates in open court why they are still unlawfully holding my property, and why they think their authority extends to Customs matters overseas.
Mills1 Julie J <julie.mills1@avonsom.mcs.gsi.gov.uk> wrote:
Dear Mr. Jarman
I have now had the opportunity to fully consider your application.
It is, of course, open to you to apply for a summons under the Police (Property) Act 1897. The case will only be able to proceed if you (or your solicitor/counsel) appear in the magistrates' court. As you are now resident in the U.S. this will inevitable involve you in some expense - either in travelling back to the Avon & Somerset area to be present yourself, or due to employing a solicitor to arrange for your representation in court.
Any order issued under the Police Property Act would only serve to declare your ownership of the property. I understand that this is not in issue - the Avon & Somerset Constabulary accept that you own the property - the only issue surrounds its lawful export to the U.S.
Accordingly, it may not be in your interest to pursue this application. If, however, you still wish to apply for a summons, please let me know your nominated legal representative in order that I may send the relevant documentation for signature. etc.
Yours sincerely
Julie Mills
Deputy Clerk to the Justices
Bristol Magistrates' Court
Tel: 0117 9435115
Fax: 0117 9279399
e mail: julie.mills1@avonsom.mcs.gsi.gov.uk
-----Original Message-----
From: Pvt. Jester [mailto:redacted]
Sent: 28 July 2004 16:26
To: Mills1 Julie J
Cc: Mike Eveleigh (Firearms)
Subject: Re: FW: police (property) act 1897
Thank you for speaking to me today. The position is as follows: after 18 months of letters and emails between my self and the police, and after incurring more than $1000 in lawyer's fees, I am still unable to get my property returned. Every time the police are pressed on the matter (e.g. by lawyers, threats of court proceedings) they give an assurance that the property will be returned - and then do nothing. The last correspondence I received from Clive Bushby of Avon & Somerset Police Authority states
"I refer to my last letter dated 29 June 2004 and your subsequent email of 2 July 2004."
"Although it might be possible to arrange for the Constabulary to export your property, it is clear that this would be an involved procedure, expensive both in time and cost. I am not prepared to undertake such arrangements. Your property was lawfully seized. The responsibility for arranging its export was at the time of seizure and remains yours. I remain willing to transfer your property to a nominated UK firearms dealer"
I nominated Avalon Guns of Street, Somerset who appeared to be making progress at first, however I spoke to them today and and since their conversations with certain representatives of the police, they have decided it is not in their best interests to "get involved". Quote, unquote.
To put it simply, there is no RFD in the Avon & Somerset who is willing to risk their licence renewal by upsetting the police in any way.
Mr. Bushby is factually wrong. The seizure of my property and it's subsequent retention is unlawful, as was the arrest during which it was taken. Fortunately for Mr Bushby and his colleages, the property issue is not covered by the remit of either the PCA or it's replacement the IPCC, however the fact remains that the PCA ruled my arrest was unlawful, therefore the searches and seizures while I was under arrest were also equally unlawful. As the holders of the property in question, the onus is on Avon & Somerset to return it to it's rightful owner, which can be easily done by simply transferring it to an international shipping company. Given this attitude, it is clear that the only way to have my property returned is for the Magistrates to issue an Order.
I would would like expert, independent advice, may I suggest you contact Mr. Mike Eveleigh of the British Association for Shooting and Conservation (BASC) who has done his level best to help resolve this matter. His email address is mike.eveleigh@basc.org.uk
I look forward to hearing from you at the earliest opportunity
Stuart K Jarman
Tel. redacted
Mills1 Julie J <julie.mills1@avonsom.mcs.gsi.gov.uk> wrote:
Dear Mr. Jarman
Could you please let me have some further details re: your claim, e.g. the property you seek to have returned to you, the circumstances in which it came into the possession of the Avon & Somerset Constabulary - including when this occurred, your full details, inc. name and address.
I will then be in a position to look into this and advise you more fully.
Yours sincerely,
Julie Mills
Barrister, Deputy Clerk to the Justices
Bristol Magistrates' Court
Tel: 0117 9435115
Fax: 0117 9279399
e mail: julie.mills1@avonsom.mcs.gsi.gov.uk
-----Original Message-----
From: Days Vicki V On Behalf Of Bristol.mc
Sent: 12 July 2004 14:40
To: Mills1 Julie J
Subject: FW: police (property) act 1897
Hi Julie,
I'm not sure who deals with these applications so thought it best to send on to you.
Thanks, Vicki
-----Original Message-----
From: Pvt. Jester [mailto:redacted]
Sent: 11 July 2004 04:24
To: Bristol.mc
Subject: police (property) act 1897
I have been advised that I can make a claim under this act, but have since emigrated to the USA. All attempts at negotiation with Avon & Somerset Police have failed to have my property returned and I have already incurred some 800 pounds in solicitor's fee and cannot afford any more. Please advise how I can make an application under this act from overseas
Stuart K Jarman