Criminal Justice and Public Order Act 1994

Retention and charges for seized property E+W+S

67 Retention and charges for seized property. E+W+S

(1) Any vehicles which have been seized and removed by a constable under section 62(1) [F1 , 62C(3)] or 64(4) may be retained in accordance with regulations made by the Secretary of State under subsection (3) below.

(2) Any sound equipment which has been seized and removed by a constable under section 64(4) may be retained until the conclusion of proceedings against the person from whom it was seized for an offence under section 63.

(3) The Secretary of State may make regulations—

(a) regulating the retention and safe keeping and the disposal and the destruction in prescribed circumstances of vehicles; and

(b) prescribing charges in respect of the removal, retention, disposal and destruction of vehicles.

(4) Any authority shall be entitled to recover from a person from whom a vehicle has been seized such charges as may be prescribed in respect of the removal, retention, disposal and destruction of the vehicle by the authority.

(5) Regulations under subsection (3) above may make different provisions for different classes of vehicles or for different circumstances.

(6) Any charges under subsection (4) above shall be recoverable as a simple contract debt.

(7) Any authority having custody of vehicles under regulations under subsection (3) above shall be entitled to retain custody until any charges under subsection (4) are paid.

(8) The power to make regulations under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section—

• “conclusion of proceedings” against a person means—

  (a)

  his being sentenced or otherwise dealt with for the offence or his acquittal;

  (b)

  the discontinuance of the proceedings; or

  (c)

  the decision not to prosecute him,

  whichever is the earlier;

• “sound equipment” has the same meaning as in section 64; and

• “vehicle” has the same meaning as in section 61.

Textual Amendments

F1 Words in s. 67(1) inserted (E.W.) (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 62(2), 93; S.I. 2003/3300, art. 3(b)

Commencement Information

I1 S. 67 wholly in force at 10.4.1995; s. 67 not in force at Royal Assent see s. 172; s. 67(3)(4)(5)(8)(9) in force at 3.2.1995 by S.I. 1995/127, art. 2(1), Sch. 1; s. 67 (1)(2)(6)(7) in force at 10.4.1995 by S.I. 1995/721, art. 2, Sch.