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My wife and I were told by a police officer (by telephone)

 
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  • Answered by:Sydney-Lawyer
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Customer Question

My wife and I were told by a police officer (by telephone) that our son had committed a burglary in our suburb when he was not resident with us. As far as we can make out, he may not be charged with this.
However, on Tuesday 19/06/2016, the person whose home was burgled, came to our home saying that our son had broken into his home and taken documents that he wished to recover.
We do not know the name of this person nor where he lives. We can only surmise that he got our name and address from someone who may have been investigating the case.
We feel that this is a complete invasion of our privacy and would like to know if this can be reported anywhere. It seems like a breach of the Code of Conduct.

 

Optional Information:
State/Territory: WA

Already Tried:
Phone Citizens' Advice and wasted a phone call.

Submitted: 314 days and 20 hours ago.
Category: Australia Law
Value: AU$71
Status: CLOSED
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Expert:  Sydney-Lawyer replied 314 days and 20 hours ago.

Good Afternoon,


Has Your Son Been Charged with Any Offence?

Customer replied 314 days and 20 hours ago.

He has been charged with motor vehicle theft and a burglary in a suburb 20 kms from our home.

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Expert:  Sydney-Lawyer replied 314 days and 20 hours ago.

Good Afternoon,


The person who came and saw you do you know if he has anything to do with the burglary 20 km away or is he involved in the allegations made by the police and the phone call about a burglary in your area?

Does the phone call from the police relates in any way to this person coming to your door?

Customer replied 314 days and 20 hours ago.

As far as I know, he has no nothing to do with the burglary 20 kms away.

 

He said he was the victim of the burglary in our area.

 

The phone call from the police was to establish if our son was resident at our home at the time of the offences and to advise us that he was suspected of these crimes.

As far as we know, he may not be charged with the offence in our suburb.

 

 

Customer replied 314 days and 19 hours ago.

Does this person have the right to come to our home as we had advised the police that our son was not at home when these offences took place?

 

Are the police allowed to divulge our son's (and therefore our family's) name and to disclose that we live in the same area?

 

What should I do to follow this up as I do believe that information that should have been private was disclosed to the person who came to our home?

Accepted Answer

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Expert:  Sydney-Lawyer replied 314 days and 18 hours ago.

Good Afternoon,


If he is the victim of an alleged offence he would have been provided with details of the alleged defendant that the police say committed the offence.

If he was provided with address is from the police, then the police may be in breach of the duty to protect the defendant's family by not disclosing the defendant's details.

He would be fully aware of your son's name as this would be on any documents the police have provided him.

If he has done his own searches and leave your details have appeared online or through those searchers then there is no breach of any privacy. It is simply this person being overzealous and if he comes back you have a right to ask him not to contact you again, and if this continues to have an intervention order taking out against him to stop contact.

The difficulty you have is ascertaining whether the information has come from the police or whether he has undertaken his own enquiries once he knew the person was charged for the crime.

I hope this is of assistance and if so please click on the smiley face to the right to provide positive feedback.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16835
Answered: 6/22/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Customer replied 314 days and 18 hours ago.

 

None of this has come to court. I would not think that the 'victim' of the burglary would have been presented with any documents bearing my son's name at this point in time.

 

What is the thing about "Add Bonus" or percentage of tipping ? Is this additional to the $71.00 or is it a percentage of the $71.00 that has to be paid by me based on my valuation of the advice?? This is totally confusing.

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Expert:  Sydney-Lawyer replied 314 days and 18 hours ago.

Good afternoon,


Generally during the process he may have been required to identify your son, or has been called in to give further statements to the police and may have been advised of your son's name at that point.

I cannot comment on how he managed to get your son's name, all I can tell you is that the police process in collecting evidence and charging a person involves dealing with the victim and possibly being notified of who the alleged perpetrator is.

In relation to the added bonus percentage tipping, it is their for you to reward myself or any other expert if you believe the work that they have provided deserves additional amounts to what you have already paid. It is not compulsory it is their should you choose to Reward the expert more.

It may be in your interests if you know the name of the police officer that contacted you to see whether they have released any details of your son to the victim. Advising the police that this person has attended at your home and that you are unhappy about this made for the police in a position where they advise the victim not to approach you again.

I hope this is of assistance to your question above.

 
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