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, asking for the money be returned to him. They declined, holding that they had a discretion which they declined to exercise it in favour of Mr Carter, given that ‘the money had been intended to bring about the death of a human being’. He applied for judicial review.
Held: Referring to Webb, the magistrates had not been entitled to take account of the matter which had conditioned their decision. He quashed their decision and ordered that the police must pay the money out to Mr Carter.
Judges:
Maurice Kay J
Citations:
[2002] EWHC 332 Admin
Statutes:
Citing:
Followed – 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 by:
Cited – Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court Admn 18-Jun-2003
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 . .
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
Updated: 12 May 2022; Ref: scu.188401