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 company appealed saying that the penalties were disproportionate, and sought their return under the 1897 Act.
Held: The lorries were to be returned. ‘s.144 would have provided for a situation where goods might not be returned, even if the owner were merely negligent. In the light of the decisions in Air Canada and Lindsay, we do not see how it would be proportionate for a court to have no power to consider the value of the property, the degree of culpability of the owner and the financial effect on the owner of the deprivation of his goods. If, as is clear from s.143(5), in considering whether an order for deprivation should be made against an offender, a court is entitled to take into account the value of the goods and the financial effect on the offender it would, on the assumption we have made, not have been logical where the owner was not the offender, that the court could not take those matters into account but could do so if he was the owner. In our judgment, on the assumption that we have made in relation to this issue, unless s.144 were read down in the manner suggested, the rights of the owner of the goods would be violated.’
Thomas P, Beatson J
[2012] EWHC 1516 (Admin)
Bailii
Police (Property) Act 1897, Powers of Criminal Courts (Sentencing) Act 2000
England and Wales
Citing:
Cited – Raymond Lyons and Co Ltd v Metropolitan Police Commissioner QBD 1975
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 . .
See Also – Merseyside 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 . .
Cited – Regina v Chester Justices ex parte Kenneth Smith QBD 1978
The wife of an offender applied for an order of mandamus requiring Magistrates to determine an application under s.1 of the 1897 Act for delivery to her of a car which the Crown Court had held was used in an offence and then had made an order under . .
Cited – Regina v Troth CACD 1979
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: . .
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 – Laker Airways Inc v FLS Aerospace Ltd ComC 20-Apr-1999
The court was asked: ‘whether a barrister who has been appointed an arbitrator by one party to the arbitration should be removed by the court on the ground that another barrister from the same chambers has been instructed in the arbitration by 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 – 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 . .
Cited – Gough 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 . .
Cited – Commissioners of Customs and Excise v Newbury Admn 3-Mar-2003
The commissioner appealed a finding that a car and other goods they had forfeited should be returned. The owner said that matters had been imported for personal use under the directive.
Held: The directive had direct effect and precedence over . .
Cited – Regina v Brookes CACD 2003
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.
Cited by:
Cited – Merseyside 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, Criminal Sentencing, Human Rights
Updated: 31 October 2021; Ref: scu.459878
