Q&As

Where property has been surrendered (not seized) by a defendant as a consequence of an investigation into a criminal offence (and not necessarily as part of the investigation, but undoubtedly linked to it), does the magistrates' court have jurisdiction under section 1 of the Police (Property) Act 1897 to order the return of the property, given the requirement for the property to come into police possession 'in connection with an investigation'? Specifically, how is the term 'in connection with' to be interpreted? Is the requirement limited to the strict and essential course of an investigation, or could it be interpreted to deal with wider situations?

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Published on LexisPSL on 12/03/2021

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • Where property has been surrendered (not seized) by a defendant as a consequence of an investigation into a criminal offence (and not necessarily as part of the investigation, but undoubtedly linked to it), does the magistrates' court have jurisdiction under section 1 of the Police (Property) Act 1897 to order the return of the property, given the requirement for the property to come into police possession 'in connection with an investigation'? Specifically, how is the term 'in connection with' to be interpreted? Is the requirement limited to the strict and essential course of an investigation, or could it be interpreted to deal with wider situations?

Where property has been surrendered (not seized) by a defendant as a consequence of an investigation into a criminal offence (and not necessarily as part of the investigation, but undoubtedly linked to it), does the magistrates' court have jurisdiction under section 1 of the Police (Property) Act 1897 to order the return of the property, given the requirement for the property to come into police possession 'in connection with an investigation'? Specifically, how is the term 'in connection with' to be interpreted? Is the requirement limited to the strict and essential course of an investigation, or could it be interpreted to deal with wider situations?

Section 1(1) of the Police (Property) Act 1897 (P(P)A 1897) provides that, if property has come into the possession of the police in connection with any criminal charge, the investigation of a suspected offence, or by operation of statute, a magistrates' court may, on application either by the police or by the claimant of the property, make an order for the delivery of the property to the person appearing to the magistrates

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