North Wales Police refused to return a burglary victim's phone, due to the burglar's GDPR rights.
Daniel Reid, 33, of Bodfor Street, Rhyl, was sentenced for three offences of burglary when he appeared at Caernarfon Crown Court on Wednesday, 5th February 2025.
HHJ Nicola Jones, sentencing, was a bit surprised to learn that one of the victims, Melvyn Mainwaring, had needed to buy a new phone because his Samsung A14, despite being recovered from Reid, was still being held by the police.
The court heard that Reid targeted Mr Mainwaring's Abergele home on 18th May 2024. Early that morning the occupier awoke to find belongings out of place and his phone, bank cards and bus pass missing.
Two days later the police arrested Reid on unrelated matters. Mr Mainwaring's phone was found in his possession. It was clear that Reid had used the phone as his own since the time of the burglary.
Mr Mainwaring, in a victim personal statement, told that court that the theft of his phone, which contained a number of irreplaceable photographs, had been "a massive inconvenience."
To add insult to injury Mr Mainwaring was still having to pay the £18 a month contract for use of the device, which was still tucked away in a police property bag.
HHJ Jones asked if the police had been reluctant to return Mr Mainwaring's phone due to GDPR. The prosecutor, Tom McLoughlin, replied: "I do not know. It would not surprise me."
HHJ Jones doubled-down, saying: "It's ridiculous it will not be (returned). It just seems nonsensical. I do direct that North Wales Police return that telephone to Mr Mainwaring."
The judge also noted that Reid had not been bothered about the victim's GDPR rights when he stole the device.
Reid was sentenced to a total 3 years and 5 months for the three burglaries and failing to surrender.
Update (8/2/25): In response to a deluge of negative commentary, North Wales Police has issued a statement clarifying the situation.
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