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 to the Magistrates under s.1 of the 1897 Act, where the Magistrates had declined jurisdiction, the court said: ‘We do not say it is impossible for the Court to make an Order in a case such as this nor do we say it is impossible for the police to take proper steps under [the 1897 Act]. But clearly in the case of a partnership, it leads to difficulties which may be so onerous as to make it not worth while making the order in the first instance.’ An increased financial penalty might have been taken instead of making the order.
Citations:
(1979) 1 Cr App R (S) 131
Statutes:
Cited by:
Cited – O’Leary International Ltd v North Wales Police Admn 31-May-2012
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 . .
Cited – Regina v Kearney CACD 11-Mar-2011
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 . .
Lists of cited by and citing cases may be incomplete.
Police, Magistrates
Updated: 06 May 2022; Ref: scu.464595