UKPGA-1997-30 — Police (Property) Act 1997

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Power of police authority to retain unclaimed property.

s. 1(1)

Section 2 of the Police (Property) Act 1897 (regulations with respect to unclaimed property in possession of police) is amended as follows.

s. 1(2)

After subsection (2) there is inserted—

s. 1(3)

After subsection (4) there is inserted—

s. 1(4)

For subsection (6) there is substituted—

s. 2 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 3 — Disposal of property used, or intended for use, for purposes of crime: Northern Ireland.

s. 3(1)

Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (power to deprive offender of property used, or intended for use, for purposes of crime) is amended as follows.

s. 3(2)

In paragraph (8)—

s. 3(2)(a)

for “section 2(1)” there is substituted “ section 2 ”,

s. 3(2)(b)

after “may” there is inserted “ subject to paragraph (8A) ”, and

s. 3(2)(c)

after “provision for disposal” there is inserted “ (including disposal by vesting in the Police Authority for Northern Ireland) ”.

s. 3(3)

After that paragraph there is inserted—

s. 4 — Further amendments of Police (Property) Act 1897: Northern Ireland.

s. 4(1)

In section 1(1) of the Police (Property) Act 1897 (power of court to make orders in respect of property which has come into the possession of the police in connection with a criminal charge), for “with any criminal charge” there is substituted “ with their investigation of a suspected offence ”.

s. 4(2)

Section 3(2) of that Act (which modified references to the Secretary of State in the application of the Act to Northern Ireland and is spent) is hereby repealed.

s. 5 — Repeal of s. 9 of Constabulary (Ireland) Act 1874.

Section 9 of the Constabulary (Ireland) Act 1874 (which makes provision as to unclaimed money and goods found or stolen) is hereby repealed.

s. 6 — Property in possession etc. of person taken into police custody in Scotland.

s. 6(1)

The Civic Government (Scotland) Act 1982 is amended as follows.

s. 6(2)

In section 80 (application of Part VII of that Act), for paragraph (b) of subsection (2) there is substituted—.

s. 6(3)

In section 83 (provision as to certain property in possession of person taken into police custody)—

s. 6(3)(a)

for “the property”, where those words first occur, there is substituted “ property to which this Part of this Act applies ”; and

s. 6(3)(b)

at the end there is added “ (the property being regarded, for the purposes of those provisions, as being found by the constable arresting or detaining the person so taken) ”.

s. 6(4)

After Part VII there is inserted the following Part—.

s. 6(5)

In section 131 (provisions of that Act which apply to the Crown), for “Parts VI and VII” there is substituted “ Parts VI to VIIA ”.

s. 7 — Short title, commencement and extent.

s. 7(1)

This Act may be cited as the Police (Property) Act 1997.

s. 7(2)

This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

s. 7(3)

In this Act—

s. 7(3)(a)

section 1 extends to England, Wales and Northern Ireland only,

s. 7(3)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 7(3)(c)

sections 3 to 5 extend to Northern Ireland only, and

s. 7(3)(d)

section 6 extends to Scotland only.