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 attack, but had behaved suspiciously in not co-operating with the investigation as expected. The police now appealed against an order for its return.
Held: The appeal failed, and the video was to be returned. The power to retain the goods was exercisable only for so long as they were required for the investigation justifying its seizure, and: ‘ there are no findings made by the District Judge which would enable this court to conclude not merely that the police believed that the respondent might use the tape to enable him to commit a criminal act but that the court itself could be satisfied that ordering the return would in fact do so. The distinction is an important one. It cannot be sufficient that the police reasonably suspect that the respondent might use the tape to commit a criminal act, for that would give the Executive power to retain property without legislative or other authority. It can only be, if the court itself is satisfied that the use of its process would in fact indirectly assist in or encourage a crime, that the court could refuse to allow its processes to be used to that end.’
Sir John Thomas, King J
[2012] EWHC 1515 (Admin)
Bailii
Police (Property) Act 1897 1, Police and Criminal Evidence Act 1984 19(3) 22(1)
England and Wales
Citing:
Cited – Ghani v Jones CA 1970
The court was asked as to the powers of the police to retain objects taken and impounded.
Held: The privacy and possessions of an individual were not to be invaded except for the most compelling reasons.
Lord Denning MR said: ‘Balancing . .
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 – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009
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 . .
Cited – Marcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
Cited – 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 . .
Cited – Jackson 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 . .
Cited – Webb v Chief Constable of Merseyside Police CA 26-Nov-1999
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.
Cited – Costello v Chief Constable of Derbyshire Constabulary CA 22-Mar-2001
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 . .
Cited – Regina (on the application of Carter) v Ipswich Magistrates’ Court Admn 2002
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 . .
Cited – Thackwell v Barclays Bank plc 1986
The plaintiff was party to a fraudulent scheme under which a cheque had been made payable to him. The plaintiff’s signature endorsing the cheque to a third party was forged and in reliance on the forgery the bank credited the third party. The . .
Cited – Tinsley v Milligan HL 28-Jun-1993
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 . .
Cited by:
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 02 November 2021; Ref: scu.459877