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An Act to make further provision with respect to the Disposal of Property in the Possession of the Police |
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[6th August 1897]
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1 Power to make orders with
respect to property in possession of police
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(1) Where any
property has come into the possession of the police in connexion [with their
investigation of a suspected offence] . . . , a court of summary jurisdiction
may, on application, either by an officer of police or by a claimant of
the property, make an order for the delivery of the property to the person
appearing to the magistrate or court to be the owner thereof, or, if the
owner cannot be ascertained, make such order with respect to the property
as to the magistrate or court may seem meet.
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(2) An order
under this section shall not affect the right of any person to take within
six months from the date of the order legal proceedings against any person
in possession of property delivered by virtue of the order for the recovery
of the property, but on the expiration of those six months the right shall
cease.
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(3) . . .
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Royal Assent Royal Assent: 6 August 1897: (no specific commencement provision). |
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Amendment |
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Repealed, in relation to Northern Ireland, by the Police (Northern Ireland) Act 1998, s 74, Sch 6. |
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Date in force: 1 April 1999: see the Police (1998 Act) (Commencement No 3) Order (Northern Ireland) 1999, SI 1999/176, art 3. |
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Sub-s (1): words in square brackets
substituted by the Criminal Justice Act 1972, s 58 and the Police (Property)
Act 1997, s 4(1); words omitted repealed by the Theft Act 1968, ss 33(3),
36(2), (3), Sch 3, Part III, the Consumer Credit Act 1974, s 192(3)(b),
Sch 5, Part I, and the Statute Law (Repeals) Act 1989. Sub-s (3): repealed by the Statute Law (Repeals) Act 1989. |
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Extent |
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This Act does not extend to Scotland:
see s 3(1).
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2 Regulations with respect
to unclaimed property in possession of police
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(1) A Secretary
of State may make regulations for the disposal of property which has come
into the possession of the police under the circumstances mentioned in this
Act in cases where the owner of the property has not been ascertained and
no order of a competent court has been made with respect thereto.
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(2) The regulations
may authorise the sale of any such property, and the application of the
proceeds of any such sale, and the application of any money of which the
owner cannot be ascertained, to all or any of the following purposes:—
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(a) | the expenses
of executing the regulations;
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(b) | the payment
of reasonable compensation to any person by whom the property has been delivered
into the possession of the police;
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(c) | the making
of payments for the benefit of discharged prisoners or of persons dependent
on prisoners or discharged prisoners; or
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(d) | such other
purposes as the Secretary of State may consider expedient.
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[(2A) The regulations
may also provide that where, in the case of property other than money—
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(a) | the property
has remained in the possession of the police for a year,
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(b) | the police
would under the regulations have power to sell the property,
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(c) | in the opinion
of the relevant authority, the property can be used for police purposes,
and
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(d) | the relevant
authority determine, in such manner as may be prescribed by the regulations,
that the property is to be retained by the authority,
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the relevant authority is to
become the owner of the property on the making of the determination or at
such later time as the regulations may specify.
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(2B) In subsection
(2A) above “the relevant authority” means—
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(a) | in relation
to a police area in England and Wales .
. ., the police authority (within the meaning of that Act);
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(b) | . . .
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(c) | in relation
to Northern Ireland, the Police Authority for Northern Ireland.
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[(2B) The
relevant authority for the purposes of subsection (2A) is the police authority.]]
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(3) Where the
property is a perishable article or its custody involves unreasonable expense
or inconvenience it may be sold at any time, but the proceeds of sale shall
not be disposed of until they have remained in the possession of the police
for a year. In any other case the property shall not be sold until it has
remained in the possession of the police for a year.
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(4) The regulations
may also provide for the investment of money and for the audit of accounts.
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[(4A) The regulations
may also provide for the publication of determinations falling within subsection
(2A)(d) above.]
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(5) The regulations
shall apply whether the property to which they relate has come into the
possession of the police before or after . . . the making of the regulations.
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[(6) In relation
to England and Wales, the power to make regulations under this section is
exercisable by statutory instrument; and a statutory instrument made in
the exercise of that power is subject to annulment in pursuance of a resolution
of either House of Parliament.
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(7) In relation
to Northern Ireland, the power to make regulations under this section is
exercisable by statutory rule for the purposes of the Statutory Rules (Northern
Ireland) Order 1979; and regulations made in the exercise of that power
are subject to annulment in pursuance of a resolution of either House of
Parliament in like manner as a statutory instrument and section 5 of the
Statutory Instruments Act 1946 shall have effect accordingly.]
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Royal Assent Royal Assent: 6 August 1897: (no specific commencement provision). |
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Amendment |
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Repealed, in relation to Northern Ireland, by the Police (Northern Ireland) Act 1998, s 74, Sch 6. |
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Date in force: 1 April 1999: see the Police (1998 Act) (Commencement No 3) Order (Northern Ireland) 1999, SI 1999/176, art 3. |
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Sub-ss (2A), (2B), (4A): inserted
by the Police (Property) Act 1997, s 1(2), (3). Sub-s (2B): substituted by the Police Reform Act 2002, s 77(2). |
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Date in force: to be appointed: see the Police Reform Act 2002, s 108(2). |
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Sub-s (2B): in para (a) words omitted repealed by the Greater London Authority Act 1999, ss 325, 423, Sch 27, para 10(1), (2)(a), Sch 34, Pt VII. |
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Date in force: 3 July 2000: see SI 2000/1648, art 2, Schedule. |
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Sub-s (2B): para (b) repealed by the Greater London Authority Act 1999, ss 325, 423, Sch 27, para 10(1), (2)(b), Sch 34, Pt VII. |
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Date in force: 3 July 2000: see SI 2000/1648, art 2, Schedule. |
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Sub-s (5): words omitted repealed
by the Statute Law Revision Act 1908. Sub-ss (6), (7): substituted for original sub-s (6), by the Police (Property) Act 1997, s 1(4). |
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Extent |
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This Act does not extend to Scotland:
see s 3(1).
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[2A Application to NCS]
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[(1) This Act
applies to property which has come into the possession of the National Crime
Squad as it applies to property that has come into the possession of the
police.
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(2) In relation
to property that has come into the possession of the National Crime Squad—
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(a) | the reference
in section 1(1) to an officer of police is a reference to a member of that
Squad; and
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(b) | references
in section 2 to the property remaining in the possession of the police are
references to its remaining in the possession of that Squad.
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(3) The power
to make regulations under section 2 has effect in relation to property that
has come into the possession of the National Crime Squad as if—
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(a) | the relevant
authority for the purposes of subsection (2A) of that section were the Service
Authority for that Squad; and
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(b) | the reference
in subsection (2A)(c) of that section to police purposes were a reference
to the purposes of that Squad.]
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NOTES
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Inserted by the Police Reform Act 2002, s 77(1). |
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Date in force: to be appointed:
see the Police Reform Act 2002, s 108(2).
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Extent |
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This Act does not extend to Scotland:
see s 3(1).
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3 Extent and short title
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(1) This Act
shall not extend to Scotland.
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(2), (3) .
. .
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(4) This Act
may be cited as the Police (Property) Act 1897.
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Royal Assent Royal Assent: 6 August 1897: (no specific commencement provision). |
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Amendment |
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Repealed, in relation to Northern Ireland, by the Police (Northern Ireland) Act 1998, s 74, Sch 6. |
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Date in force: 1 April 1999: see the Police (1998 Act) (Commencement No 3) Order (Northern Ireland) 1999, SI 1999/176, art 3. |
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Sub-s (2): repealed by the Police
(Property) Act 1997, s 4(2). Sub-s (3): repealed by the Statute Law Revision Act 1908. |
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Extent |
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This Act does not extend to Scotland:
see s 3(1). |
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