Police (Property) Act 1897

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 [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.

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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)

Modifications etc. (not altering text)

C2Reference 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.

C3S. 1(2) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 128; S.I. 2012/1236, reg. 2

Marginal Citations

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

(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.

[F6(2A)The regulations may also provide that where, in the case of property other than money—

(a)the property has remained in the possession of the police for a year,

(b)the police would under the regulations have power to sell the property,

(c)in the opinion of the [F7relevant body], the property can be used for police purposes, and

(d)the [F7relevant body] determine, in such manner as may be prescribed by the regulations, that the property is to be retained by [F8the relevant body],

the [F7relevant body] is to become the owner of the property on the making of the determination or at such later time as the regulations may specify.

[F9(2B)The [F10relevant body] for the purposes of subsection (2A) is the [F11local policing body].]]

(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.

[F12(4A)The regulations may also provide for the publication of determinations falling within subsection (2A)(d) above.]

(5)The regulations shall apply whether the property to which they relate has come into the possession of the police before or after . . . F13 the making of the regulations.

[F14(6)In relation to England and Wales, the power to make regulations under this section is exercisable by statutory instrument; and a statutory instrument made in the exercise of that power is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In relation to Northern Ireland, the power to make regulations under this section is exercisable by statutory rule for the purposes of the M2Statutory Rules (Northern Ireland) Order 1979; and regulations made in the exercise of that power are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the M3Statutory Instruments Act 1946 shall have effect accordingly.]

Textual Amendments

F6S. 2(2A)(2B) inserted (19.5.1997) by 1997 c. 30, ss. 1(2), 7(2)

F9S. 2(2B) substituted (1.10.2002) by 2002 c. 30, s. 77(2); S.I. 2002/2306, art. 2(d)(viii)

F12S. 2(4A) inserted (19.5 1997) by 1997 c. 30, ss. 1(3), 7(2)

F14S. 2(6)(7) substituted for s. 2(6) (19.5.1997) by 1997 c. 30, ss. 1(4), 7(2)

Modifications etc. (not altering text)

C4S. 2 extended (25.8.2000) by 2000 c. 6, ss. 144(2)-(4), 168(1)

C9S. 2(2A)(a) excluded (E.W.) (19.5.1997) by 1973 c. 62, s. 43(7) (as inserted (19.5.1997) by 1997 c. 30, ss. 2(3), 7(2))

S. 2(2A)(a) excluded (N.I.) (19.5.1997) by S.I. 1994/2795, art. 11(8B) (as inserted (19.5.1997) by 1997 c. 30, ss. 3(3), 7(2))

C10S. 2(3) excluded (E.W.) (19.5.1997) by 1973 c. 62, s. 43(7) (as inserted (19.5.1997) by 1997 c. 30, ss. 2(3), 7(2))

S. 2(3) excluded (N.I.) (19.5.1997) by S.I. 1994/2795, art. 11(8B) (as inserted (19.5.1997) by 1997 c. 30, ss. 3(3), 7(2))

Marginal Citations

[F152AApplication to [F16the National Crime Agency]E+W

(1)This Act applies to property which has come into the possession of the [F17National Crime Agency] 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 [F18National Crime Agency] —

(a)the reference in section 1(1) to an officer of police is a reference to a [F19 National Crime Agency officer] ; 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 [F20Agency].

(3)The power to make regulations under section 2 has effect in relation to property that has come into the possession of the [F21National Crime Agency] as if—

(a)the relevant authority for the purposes of subsection (2A) of that section were [F22that Agency]; and

(b)the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that [F23Agency].]

Textual Amendments

F15S. 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.

[F24(2)In the application of this Act to Ireland, the Chief Secretary shall be substituted for the Secretary of State.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(4)This Act may be cited as the Police (Property) Act 1897.

Textual Amendments

F24S. 3(2) repealed (N.I.) (19.5.1997) by 1997 c. 30, ss. 4(2), 7(2)