What does it mean?
So you have had a phone call from the police officer following your voluntary interview at the local police station. They have told your files been marked "No Further Action" or "Refused Charge". What does that mean?
1. At this moment in time, your case will no longer be proceeded with.
There is insufficient evidence to charge at this time a criminal offence
However, you should be aware there is nothing to stop you being arrested or invited in for an interview should new evidence come to light, even if this is years or decades in the future. There is no statute of limitations in England and Wales. This means there is no time bar to any future prosecution or arrest in the future.
2. You should get any item or property back, provided the police cannot prove that it is criminal property or could be the subject of legal proceedings.
Often the police will ask you to sign a disclaimer disclaiming all rights to the property. You should know that if you do so, you will lose all ownership to the property. This means you will not get it back. It does not mean should evidence come to light that it was not yours in the first place that you will not be arrested, charged and prosecuted. You should also be aware that it does not stop the police or anyone else taking civil proceedings against you with regard to the property. It just means that at this time the police believe that they cannot prove the case against you "beyond all reasonable doubt" so that the jury or magistrates
are satisfied so that they are sure that you have committed the offence.
3. It does not mean that any property initially seized by the police is automatically yours and you cannot be sued for the return or damage to that property,
Seizure and return of property by the police does not mean that property is not "stolen". Just that the police, at this time, cannot prove that it is. It does not stop civil claims being instituted against you by the "owner". Any civil claim will be considered by a civil court on the balance of probabilities, i.e. is it more likely than not that it is the claimants. This is completely different to the criminal burden of proof.
If you require police station representation in the Kent area, please call Robert Cashman on 07897 015550