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 defendant’s appeal succeeded. The offence allowed an officer to seize material found relating to an offence he is investigating ‘or any other offence’, and had consequential powers for its retention.
The 1985 Act gave superintendence of criminal proceedings to the CPS only in respect of prosecution by the police. Once FACT indicated that it intended to prosecute, the police then had the power to determine whether it was necessary in all the circumstances that the property seized should be retained for forensic examination or for investigation in connection with an offence or for use as evidence at a trial for an offence.
Ward, Wilson, Leveson LJJ
[2009] EWCA Civ 1156, [2010] 1 Cr App R 19, [2010] Lloyd’s Rep FC 1, [2010] QB 438, [2010] 2 WLR 1138, [2009] All ER (D) 236
Times, Bailii
Police and Criminal Evidence Act 1984 22, Copyright Designs and Patents Act 1988 107(2A), Prosecution of Offences Act 1985 3(2)(a)
England and Wales
Citing:
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 (Gladstone plc) v Manchester City Magistrates Court QBD 18-Nov-2004
It was alleged that at the company’s annual genneral meeting the proposed defendant had assaulted the company’s chairman. The company prosecuted him. The magistrate dismissed the charge saying that the company had no standing to conduct such a . .
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 – 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 – 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 – Regina v Director of Public Prosecutions ex parte Duckenfield etc Admn 31-Mar-1999
Private prosecutions had been brought against two retired police officers, D and M, in relation to the Hillsborough disaster; and the Director had refused a request by the officers to take over and discontinue those prosecutions, stating that his . .
Cited – Regina v Stafford Justices ex parte Customs and Excise Commissioners 1991
The court confirmed the continued right of private prosecution. Watkins LJ set out section 6 of the 1985 Act and observed: ‘These provisions clearly envisage that persons other than the Director may institute proceedings and prosecute. As Mr Lawson . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
Cited – Rollins, Regina v CACD 9-Oct-2009
The court was asked whether the Financial Services Authority had itself the power to prosecute offences under the 2002 Act. The defence said that the FSA’s powers were limited to offences under the 2000 Act. The FSA relied on its common law power to . .
Appeal from – Scopelight Ltd and Others v Chief Of Police for Northumbria and Others QBD 7-May-2009
. .
Cited – Regina v West London Metropolitan Stipendiary Magistrate, ex parte Klahn QBD 1979
The issue of a summons by a magistrate is a judicial act: ‘The duty of a magistrate in considering an application for the issue of a summons is to exercise a judicial discretion in deciding whether or not to issue a summons. It would appear that he . .
Cited – Regina v Director of Public Prosections ex parte Hallas 1988
Without access to documents held by the police, a private prosecution would or could ‘wither on the vine’. . .
Cited – Charlson, Regina (on the Application of) v Guildford Magistrates’ Court and others Admn 11-Sep-2006
The CPS had discontinued a prosecution. The magistrates were then asked to issue a summons for a private prosecution. The private prosecutor appealed against the refusal to issue the summons. A second summons was requested from a different . .
Cited – Regina v Pawsey 1989
(Central Criminal Court ) The CPS was ordered to disclose unused witness statements and exhibits from the original investigation on the application of a private prosecutor once a prosecution had commenced. . .
Cited – Jones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
Cited – Regina v Stafford Justices ex parte Customs and Excise Commissioners 1991
The court confirmed the continued right of private prosecution. Watkins LJ set out section 6 of the 1985 Act and observed: ‘These provisions clearly envisage that persons other than the Director may institute proceedings and prosecute. As Mr Lawson . .
Cited – James and Others v The United Kingdom ECHR 21-Feb-1986
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion.
Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a . .
Cited – Allard v Sweden ECHR 24-Jun-2003
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award . .
Cited by:
Cited – Gujra, Regina (on The Application of) v Crown Prosecution Service Admn 9-Mar-2011
The claimant sought judicial review of a decision of the respondent to take over and discontinue his private prosecutions arising from public order incidents, saying that the respondent’s policy was unlawful in restricting such prosecutions.
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 . .
Cited – Gujra, Regina (on The Application of) v Crown Prosecution Service SC 14-Nov-2012
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a . .
Cited – Virgin Media Ltd, Regina (on The Application of) v Zinga CACD 24-Jan-2014
Zinga had been convicted of conspiracy to defraud in a private prosecution brought by Virgin Media. After dismissal of the appeal against conviction, Virgin pursued confiscation proceedings. Zinga appealed against refusal of its argument that it was . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other, Criminal Practice
Leading Case
Updated: 01 November 2021; Ref: scu.377551