The Criminal Procedure Rules 2020

Application for an order under section 1 of the Police (Property) Act 1897

47.37.—(1) This rule applies where an applicant wants the court to make an order to which rule 47.35(1)(a) refers.

(2) The applicant must apply in writing and serve the application on—

(a) the court officer; and

(b) as appropriate—

(i) the officer who has the property,

(ii) any person who appears to be its owner.

(3) The application must—

(a) explain the applicant’s interest in the property (either as a person who claims to be its owner or as an officer into whose possession the property has come);

(b) specify the direction that the applicant wants the court to make, and explain why; and

(c) include or attach a list of those on whom the applicant has served the application.

[Note. Under section 1 of the Police (Property) Act 1897, the owner of property which has come into the possession of the police or the National Crime Agency in connection with the investigation of a suspected offence can apply to a magistrates’ court for an order for its delivery to the claimant.]