QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE STANLEY BURNTON
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The DEFENDANT did not attend and was not represented
Crown Copyright ©
"Where any property has come into the possession of the police in connection with their investigation of a suspected offence, a court of summary jurisdiction may, on application either by an officer of police or by a claimant of the property, make an order for the delivery of the property to the person appearing to the magistrate or court to be the owner thereof, or, if the owner cannot be ascertained, make such order with respect to the property as to the Magistrate or Court may seem meet."
"Matter of complaint: An order was made pursuant to the Police Property Act 1897 by District Judge Harrison on 31st March 2005 requiring the Cleveland police to deliver the motor vehicle to the owner, Michael Dobson. It was clarified in court that there was a requirement for the police to secure the release of the vehicle by payment of any relevant costs so as to perform their duty of delivery. There was no doubt or confusion as to the interpretation of the order. The Cleveland police had failed to comply with the terms of the order and by doing so are in contempt of court."