Chief Constable of West Midlands Police v White: CA 13 Mar 1992

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 that Mr White was the owner of it. The police appealed.
Held: The appeal was dismissed. Although the contracts for sale of unlicensed liquor were void and unenforceable, Mr White did become the owner of the money; it was impossible to identify any other persons as being the true owners of it; and the magistrate was not constrained on public policy grounds from making an order under the Act in favour of Mr White.


Tudor Evans J, Beldam LJ


Unreported, 13 March 1992


Police (Property) Act 1897 1


England and Wales

Cited by:

CitedGough and Another v The Chief Constable of the West Midlands Police CA 2-Mar-2004
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 . .
CitedJackson v Chief Constable of West Midlands Police QBD 22-Oct-1993
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 . .
CitedMerseyside Police v Owens Admn 31-May-2012
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 . .
Lists of cited by and citing cases may be incomplete.

Police, Magistrates

Updated: 03 July 2022; Ref: scu.194108