Powers of Criminal Courts (Sentencing) Act 2000

144 Property which is in possession of police by virtue of section 143

(1) The [1897 c. 30.] Police (Property) Act 1897 shall apply, with the following modifications, to property which is in the possession of the police by virtue of section 143 above—

(a) no application shall be made under section 1(1) of that Act by any claimant of the property after the end of six months from the date on which the order in respect of the property was made under section 143 above; and

(b) no such application shall succeed unless the claimant satisfies the court either—

(i) that he had not consented to the offender having possession of the property; or

(ii) where an order is made under subsection (1) of section 143 above, that he did not know, and had no reason to suspect, that the property was likely to be used for the purpose mentioned in that subsection.

(2) In relation to property which is in the possession of the police by virtue of section 143 above, the power to make regulations under section 2 of the [1897 c. 30.] Police (Property) Act 1897 (disposal of property in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect to it) shall, subject to subsection (3) below, include power to make regulations for disposal (including disposal by vesting in the relevant authority) in cases where no application by a claimant of the property has been made within the period specified in subsection (1)(a) above or no such application has succeeded.

(3) The regulations may not provide for the vesting in the relevant authority of property in relation to which an order has been made under section 145 below (court order as to application of proceeds of forfeited property).

(4) Nothing in subsection (2A)(a) or (3) of section 2 of the [1897 c. 30.] Police (Property) Act 1897 limits the power to make regulations under that section by virtue of subsection (2) above.

(5) In this section “relevant authority” has the meaning given by section 2(2B) of the [1897 c. 30.] Police (Property) Act 1897.