Police (Property) Act 1897

1897 CHAPTER 30 60 and 61 Vict

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)

C1 Act 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)

C2 This Act is not necessarily in the form in which it has effect in Northern Ireland

1 Power to make orders with respect to property in possession of police. E+W+N.I.

(1) Where any property has come into the possession of the police in connexion [F1 with their investigation of a suspected offence] . . . F2 , . . . F3 [F4 or section thirty-four of the M1 Pawnbrokers 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

F1 Words 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)

F2 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

F3 Words repealed by Theft Act 1968 (c. 60), Sch. 3 Pt. III

F4 Words repealed by Consumer Credit Act 1974 (c. 39), s. 192(3), Sch. 5 Pt. I

F5 S. 1(3) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

Modifications etc. (not altering text)

C3 S. 1 extended by Public Stores Act 1875 (c. 25), s. 12(2)

C4 Reference 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

M1 1872 c. 93.

2 Regulations with respect to unclaimed property in possession of police. E+W+N.I.

(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

F6 Words repealed by Statute Law Revision Act 1908 (c. 49)

Modifications etc. (not altering text)

C5 S. 2(1) amended by Powers of Criminal Courts Act 1973 (c. 62), s. 43(5)

Valid from 01/10/2002

[F7 2A Application to NCS E+W

(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

F7 S. 2A inserted (1.10.2002) by 2002 c. 30, s. 77(1); S.I. 2002/2306, art. 2(d)(viii)

3 Extent and short title. E+W+N.I.

(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

F8 S. 3(1) repealed by Statute Law Revision Act 1908 (c. 49)