Mr Jackson was convicted of a drugs offence. On arrest, the police had seized money in his possession. No order as to the money was made at the trial. Mr Jackson applied under the Act. The magistrate accepted that Mr Jackson was the owner of the money, but, because he (the magistrate) considered that it … Continue reading Jackson v Chief Constable of West Midlands Police: QBD 22 Oct 1993
The applicant was sentenced to 18 months’ imprisonment for handling stolen currency notes from travellers at an airport. The police retained cash from his house, which he claimed. He applied for its return. The police not having opposed the application, now sought judicial review of the award of his costs. Held: Lord Denning would have … Continue reading Regina v Uxbridge Justices, ex parte Commissioner of Police of the Metropolis: CA 1981
After conviction for licensing offences, the police seized a sum of money from the respondent which they alleged was the proceeds of unlicensed sales. The magistrates made no order on conviction, so the police brought the issue under the Act. The magistrate found that the money was the proceeds of illegal trading, but nevertheless held … Continue reading Chief Constable of West Midlands Police v White: CA 13 Mar 1992
The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court procedings against the claimants, to ascertain their ownership under the … Continue reading Gough and Another v The Chief Constable of the West Midlands Police: CA 2 Mar 2004
The Police had confiscated money suspected to be the proceeds of drug trafficking, but no offence was proved. The magistrates had refused to return the money under the 1897 Act. The claimants now sought to reciver it under civil proceedings. Held: The judge was wrong to have found public policy grounds for refusing to order … Continue reading Webb v Chief Constable of Merseyside Police: CA 26 Nov 1999
Appeals against decisions by magistrates under the Act can be by way of application for judicial review. Citations: [2001] EWHC Admin 446 Statutes: Police (Property) Act 1897 1(1) Jurisdiction: England and Wales Cited by: Cited – Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court Admn 18-Jun-2003 Money had been taken … Continue reading Regina (on the application of Chief Constable of Northamptonshire Police) v Daventry Justices: 2001
A suspected thief had left a valuable ring with the claimant jewellers for valuation. They reported the matter to the police and handed the ring to them. The suspected thief never reappeared, and no-one claiming to be the true owner emerged. The police did not return the ring to the jewellers, who applied to the … Continue reading Raymond Lyons and Co Ltd v Metropolitan Police Commissioner: QBD 1975
The claimant had been convicted and served his time for possession of a large collection of obsolete or antique firearms. He now sought their return. The police replied that he was in any event out of time. Held: ‘Section 3(2) of the 1980 Act is, at least in the context of that Act, a somewhat … Continue reading Commissioner of Police of The Metropolis v Meekey: Admn 12 Jan 2021
The police seized from the claimant certain cloth believing it to be stolen from Carter Paterson and delivered it to Carter Paterson, without any order under the 1897 Act. The claimant sued the receiver and Carter Paterson. Held: Since the theft could not be established and the delivery had been made without any order under … Continue reading Betts v Receiver of Metropolitan Police District and Carter Paterson and Co Ltd: 1932
The police had refused to returns items seized from Mr Owens on the basis that to do so would indirectly encourage and assist him in suspected criminal activity. CCTV footage had been removed from him to attempt identify an arsonist of a house.The claimant, a British National Party member had been the subject of the … Continue reading Merseyside Police v Owens: Admn 31 May 2012
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant. Held: The defendant’s appeal succeeded. The offence allowed an officer to seize material found … Continue reading Scopelight Ltd and Others v Chief of Police for Northumbria: CA 5 Nov 2009
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for them by the employer. The drivers were convicted and the lorries impounded. The … Continue reading O’Leary International Ltd v North Wales Police: Admn 31 May 2012
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The defendant had been convicted of stealing petrol to use in his hire-purchase car. The court ordered cessation of his interest in the car as part of its sentence. He appealed. Held: The appeal succeeded. After the order had been made, the appellant had sold the car (which had not been taken into the possession … Continue reading Regina v Kearney: CACD 11 Mar 2011
The offender, a partner in a business, used a lorry which was partnership property to steal coal. The other partner was unaware of that use. An order had been made in the Crown Court to deprive the offender of his rights in the lorry. Held: The order was quashed. After referring to the application made … Continue reading Regina v Troth: CACD 1979
(City of Westminster Magistrates Court) The NCA had made a request to the court for an order that the now claimant surrender, under the 1897 Act, passwords to encrypted computer files. An application had already been made under the 2000 Act, to which the claimant had replied that he did not have the passwords sought. … Continue reading Love v National Crime Agency: 10 May 2016
Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998
The offender had used, a friend’s car to commit a drugs offence. A further, third person claimed to be the hirer under a hire purchase agreement. The judge made an order under section 143 refusing to hear evidence about the hiring of the car. Held: The order was quashed. There was no evidence that the … Continue reading Regina v Brookes: CACD 2003
The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage. Held: Proof of damage was not necessary in the tort of misfeasance in public office. The prisoner would be awarded andpound;5.00 nominal damages against the … Continue reading Watkins v Secretary of State for The Home Departmentand others: CA 20 Jul 2004
Money had been taken by the Police, but after the applicants had been acquitted, they sought it to be returned. Their action was struck out after long delays. They applied to the Magistrates who turned down the application. Held: The money should be returned ‘ . . once it is clear that the claimant is … Continue reading Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court: Admn 18 Jun 2003
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The defendant had admitted charges of obtaining property by deception. A confiscation hearing concluded that he had benefitted to a much greater extent than could be recoverd. Before then however both his parents had died, and he stood to inherit further sums, though grants had not been taken out. The DPP applied to vary the … Continue reading Maye, Re (Northern Ireland): HL 6 Feb 2008
The chief constable appealed against an order finding him in contempt of court. A car had been impounded, being a cloned vehicle. The police had taken the issue to court for a decision as to its ownership. When the parties had agreed on ownership, the police had instead of returning the car to the owner … Continue reading Price v Dobson: Admn 29 Mar 2006
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to him, arguing that it had been stolen and that that … Continue reading Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001
Mrs Carter had paid a man to murder someone. The man was an undercover police agent. In time Mrs Carter was convicted of soliciting to commit murder, but Mr Carter was acquitted. She disclaimed all interest in the money she had paid in favour of her husband. He applied to the Magistrates under the Act, … Continue reading Regina (on the application of Carter) v Ipswich Magistrates’ Court: Admn 2002
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the arrangement was so that false benefit claims could be made to … Continue reading Tinsley v Milligan: HL 28 Jun 1993
Goods were seized by the police from the claimant. Neither the claimant nor the defendant could establish that they were the true owners. Under section 1 the first court directed the goods to be delivered to the defendant as the person who appeared . .
