Police (Property) Act 1897 (1897 c. 30)

1 Power to make orders with respect to property in possession of police.

(1) Where any property has come into the possession of the police in connexion with their investigation of a suspected offence ... , ... or section thirty-four of the 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.

[F2] 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)

[F3] Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

[F4] Words repealed by Theft Act 1968 (c. 60), Sch. 3 Pt. III

[F5] Words repealed by Consumer Credit Act 1974 (c. 39), s. 192(3), Sch. 5 Pt. I

[M1] 1872 c. 93.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(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.

(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 body, the property can be used for police purposes, and

[F8] Words in s. 2(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(2)(a); S.I. 2011/3019, art. 3, Sch. 1

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

[F8] Words in s. 2(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(2)(a); S.I. 2011/3019, art. 3, Sch. 1

[F9] Words in s. 2(2A)(d) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(2)(b); S.I. 2011/3019, art. 3, Sch. 1

the relevant 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.

[F8] Words in s. 2(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(2)(a); S.I. 2011/3019, art. 3, Sch. 1

(2B) The relevant body for the purposes of subsection (2A) is the local policing body.

[F11] Words in s. 2(2B) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(3)(a); S.I. 2011/3019, art. 3, Sch. 1

[F12] Words in s. 2(2B) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(3)(b); S.I. 2011/3019, art. 3, Sch. 1

(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.

(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 ... the making of the regulations.

[F14] Words repealed by Statute Law Revision Act 1908 (c. 49)

(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.

[M2] S.I. 1979/1573 (N.I. 12).

[M3] 1946 c. 36.

2A Application to the National Crime Agency

[F16] S. 2A inserted (1.10.2002) by 2002 c. 30, s. 77(1); S.I. 2002/2306, art. 2(d)(viii)

[F17] Words in s. 2A substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 15(2); S.I. 2013/1682, art. 3(v)

(1) This Act applies to property which has come into the possession of the National Crime Agency as it applies to property that has come into the possession of the police.

[F18] Words in s. 2A(1) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 15(3); S.I. 2013/1682, art. 3(v)

(2) In relation to property that has come into the possession of the National Crime Agency —

[F19] Words in s. 2A(2) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 15(4)(a); S.I. 2013/1682, art. 3(v)

(a) the reference in section 1(1) to an officer of police is a reference to a National Crime Agency officer ; and

[F20] Words in s. 2A(2)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 15(4)(b); S.I. 2013/1682, art. 3(v)

(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 Agency.

[F21] Word in s. 2A(2)(b) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 2(3)(b); S.I. 2006/378, art. 4(1), Sch. para. 10

(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 Agency as if—

[F22] Words in s. 2A(3) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 15(5); S.I. 2013/1682, art. 3(v)

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

[F23] Words in s. 2A(3)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 2(4)(a); S.I. 2006/378, art. 4(1), Sch. para. 10

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

[F24] Word in s. 2A(3)(b) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 2(4)(b); S.I. 2006/378, art. 4(1), Sch. para. 10

3 Extent and short title.

(1) This Act shall not extend to Scotland.

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