Police refuse to return stolen phone to owner because thief 'used it' and device now contained his private information
5 February 2025, 23:39
Police in Wales have refused to return a stolen phone to its owner because the thief used the device, meaning it now contained the snatcher's private information.
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Melvyn Mainwaring awoke on May 18 to find his phone, bank cards and bus pass were all missing from his home on Pennington Terrace, Abergele.
After a short investigation, the phone was later found by police in the possession of Daniel Reid, who claimed it was his own.
Now, North Wales Police are refusing to return the stolen device to Mr Mainwaring, claiming it would infringe on GDPR (General Data Protection Reulation) rights of Reid.
On Wednesday, a judge labelled the decision "nonsensical".
The court had previously heard how Reid had previously carried out to burglaries around the time of the incident.
On April 16, Reid burgled the Broadway Hotel in Llandudno, breaking into a flat in Rhos-on-Sea a few weeks later.
The judge's comments came as Reid appeared at Caernarfon Crown Court for sentencing, Reid was jailed for three years and nine months.
Her Honour Nicola Jones, ordered the police to return the phone to its rightful owner.
The 33-year-old had previously admitted three counts of burglary and a Bail Act offence.
The court heard how Mr Mainwaring had irreplaceable photos stored on the device.
He also revealed he is still having to pay £18 a month as part of his ongoing contract, despite the device being in the possession of police.
Judge Jones asked if Mr Mainwaring whether his phone had not been returned "because of GDPR".
Prosecutor, Mr McLoughlin, responded: "I do not know. It would not surprise me."
Following the exchange, the judge pointed out that Reid failed to consider the victim's GDPR rights when he stole the device, adding: "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."
