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- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 19/05/1997
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There are currently no known outstanding effects for the Police (Property) Act 1897.
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An Act to make further provision with respect to the Disposal of Property in the Possession of the Police.
[6th August 1897]
Modifications etc. (not altering text)
C1Act modified by Incitement to Disaffection Act 1934 (c. 56), s. 2(4); extended by Criminal Damage Act 1971 (c. 48), s. 6(3) and Powers of Criminal Courts Act 1973 (c. 62), s. 43(4); excluded by Customs and Excise Management Act 1979 (c. 2), s. 139(4)
C2This Act is not necessarily in the form in which it has effect in Northern Ireland
(1)Where any property has come into the possession of the police in connexion [F1with their investigation of a suspected offence] . . . F2, . . . F3[F4or section thirty-four of the M1Pawnbrokers Act 1872,] 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.
(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.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F1Words substituted (E.W.) by Criminal Justice Act 1972 (c. 71), s. 58 and substituted (N.I.) (19.5.1997) by 1997 c. 30, ss. 4(1), 7(2)
F2Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
F3Words repealed by Theft Act 1968 (c. 60), Sch. 3 Pt. III
F4Words repealed by Consumer Credit Act 1974 (c. 39), s. 192(3), Sch. 5 Pt. I
F5S. 1(3) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
Modifications etc. (not altering text)
C3S. 1 extended by Public Stores Act 1875 (c. 25), s. 12(2)
C4Reference to police court and metropolitan police magistrate to be construed respectively as reference to a magistrates' court for the inner London area and a metropolitan stipendiary magistrate sitting in a magistrates' court in the same court-house as the chief metropolitan stipendiary magistrate: Administration of Justice Act 1964 (c. 42), Sch. 3 Pt. I paras. 2, 3.
Marginal Citations
(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.
(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:
(a)the expenses of executing the regulations;
(b)the payment of reasonable compensation to any person by whom the property has been delivered into the possession of the police;
(c)the making of payments for the benefit of discharged prisoners or of persons dependent on prisoners or discharged prisoners; or
(d)such other purposes as the Secretary of State may consider expedient.
(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.
(4)The regulations may also provide for the investment of money and for the audit of accounts.
(5)The regulations shall apply whether the property to which they relate has come into the possession of the police before or after . . . F6 the making of the regulations.
(6)The regulations shall be laid before Parliament as soon as may be after they are made.
Textual Amendments
F6Words repealed by Statute Law Revision Act 1908 (c. 49)
Modifications etc. (not altering text)
C5S. 2(1) amended by Powers of Criminal Courts Act 1973 (c. 62), s. 43(5)
Valid from 01/10/2002
(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.
(2)In relation to property that has come into the possession of the National Crime Squad—
(a)the reference in section 1(1) to an officer of police is a reference to a member of that Squad; and
(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.
(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—
(a)the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad; and
(b)the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad.]
Textual Amendments
F7S. 2A inserted (1.10.2002) by 2002 c. 30, s. 77(1); S.I. 2002/2306, art. 2(d)(viii)
(1)This Act shall not extent to Scotland.
(2)In the application of this Act to Ireland, the Chief Secretary shall be substituted for the Secretary of State.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(4)This Act may be cited as the Police (Property) Act 1897.
Textual Amendments
F8S. 3(1) repealed by Statute Law Revision Act 1908 (c. 49)
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