Police (Property) Act 1997
Police (Property) Act 1997
1997 Chapter 30
An Act to make further provision with respect to property in the possession of the police.
[19th March 1997]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Power of police authority to retain unclaimed property.
(1) Section 2 of the Police (Property) Act 1897 (regulations with respect to unclaimed property in possession of police) is amended as follows.
(2) After subsection (2) there is inserted—
(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 relevant authority, the property can be used for police purposes, and
(d) the relevant authority determine, in such manner as may be prescribed by the regulations, that the property is to be retained by the authority,
the relevant authority is to become the owner of the property on the making of the determination or at such later time as the regulations may specify.
(2B) In subsection (2A) above ‘the relevant authority’ means—
(a) in relation to a police area in England and Wales listed in Schedule 1 to the Police Act 1996 or the City of London police area, the police authority (within the meaning of that Act);
(b) in relation to the metropolitan police district, the Recei ver for the Metropolitan Police District;
(c) in relation to Northern Ireland, the Police Authority for Northern Ireland.’
(3) After subsection (4) there is inserted—
(4A) The regulations may also provide for the publication of determinations falling within subsection (2A)(d) above.’
(4) For subsection (6) there is substituted—
(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 Statutory 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 Statutory Instruments Act 1946 shall have effect accordingly.’ Disposal of property used, or intended for use, for purposes of crime: England and Wales.
2 Disposal of property used, or intended for use, for purposes of cirme: England and Wales.
(1) Section 43 of the Powers of Criminal Courts Act 1973 (power to deprive offender of property used, or intended for use, for purposes of crime) is amended as follows.
(2) In subsection (5)—
(a) for ‘section 2(1)’ there is substituted ‘section 2’,
(b) after ‘shall’ there is inserted ‘subject to subsection (6) below’, and
(c) after ‘regulations for disposal’ there is inserted ‘(including disposal by vesting in the relevant authority)’.
(3) After that subsection there is inserted—
(6) 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 43A of this Act.
(7) Nothing in subsection (2A)(a) or (3) of section 2 of the Police (Property) Act 1897 limits the power to make regulations under that section by virtue of subsection (5) a bove.
(8) In subsections (5) and (6) above ‘relevant authority’ has the meaning given by section 2(2B) of the Police (Property) Act 1897.’ Disposal of property used, or intended for use, for purposes of crime: Northern Ireland.
3 Disposal of property used, or intended for use, for purposes of crim: Northern Ireland.
(1) Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (power to deprive offender of property used, or intended for use, for purposes of crime) is amended as follows.
(2) In paragraph (8)—
(a) for ‘section 2(1)’ there is substituted ‘section 2’,
(b) after ‘may’ there is inserted ‘subject to paragraph (8A)’, and
(c) after ‘provision for disposal’ there is inserted ‘(including disposal by vesting in the Police Authority for Northern Ireland)’.
(3) After that paragraph there is inserted—
(8A) The regulations may not provide for the vesting in the Police Authority for Northern Ireland of property in relation to which an order has been made under Article 12.
(8B) Nothing in subsection (2A)(a) or (3) of section 2 of the Police (Property) Act 1897 limits the power to make regulations under that section by virtue of paragrap h (8).’
4 Further amendments of Police \(Property) Act 1897: Northern Ireland.
(1) In section 1(1) of the Police (Property) Act 1897 (power of court to make orders in respect of property which has come into the possession of the police in connection with a criminal charge), for ‘with any criminal charge’ there is substituted ‘with their investigation of a suspected offence’.
(2) Section 3(2) of that Act (which modified references to the Secretary of State in the application of the Act to Northern Ireland and is spent) is hereby repealed. Repeal of s. 9 of Constabulary (Ireland) Act 1874.
5 Repeal of s. 9 of Constabulary \(Ireland) Act 1874.
5. Section 9 of the Constabulary (Ireland) Act 1874 (which makes provision as to unclaimed money and goods found or stolen) is hereby...
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