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POLICE (PROPERTY) ACT 1897

POLICE (PROPERTY) ACT 1897 - LONG TITLE

An Act to make further provision with respect to the Disposal of
Property in the Possession of the Police.{1}
[6th August 1897]
Power to make orders with respect to property in possession of
police.

POLICE (PROPERTY) ACT 1897 - SECT 1

1.(1) Where any property has come into the possession of the police
in connexion with any criminal charge ... 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.

(2) An order under this section shall not affect the right of any
person to take within six months from the date of the order legal
proceedings against any person in possession of property delivered by
virtue of the order for the recovery of the property, but on the
expiration of those six months the right shall cease.

POLICE (PROPERTY) ACT 1897 - SECT 2
Regulations with respect to unclaimed property in possession of
police.

2.(1) The Chief Secretary may make regulations for the disposal of
property which has come into the possession of the police under the
circumstances mentioned in this Act in cases where the owner of the
property has not been ascertained and no order of a competent court
has been made with respect thereto.

(2) The regulations may authorise the sale of any such property,
and the application of the proceeds of any such sale, and the
application of any money of which the owner cannot be ascertained,
to all or any of the following purposes:

(a)the expenses of executing the regulations;

(b)the payment of reasonable compensation to any person by whom the
property has been delivered into the possession of the police;

(c)the making of payments for the benefit of discharged prisoners or
of persons dependent on prisoners or discharged prisoners; or

(d)such other purposes as the Chief Secretary may consider expedient.

(3) Where the property is a perishable article or its custody
involves unreasonable expense or inconvenience it may be sold at any
time, but the proceeds of sale shall not be disposed of until they
have remained in the possession of the police for a year. In any
other case the property shall not be sold until it has remained in
the possession of the police for a year.

(4) The regulations may also provide for the investment of money
and for the audit of accounts.

(5) The regulations shall apply whether the property to which they
relate has come into the possession of the police before or after
... the making of the regulations.

(6) The regulations shall be laid before Parliament as soon as may
be after they are made.

POLICE (PROPERTY) ACT 1897 - SECT 3
Extent and short title.

3.(2) (Application to Ireland)

(4) This Act may be cited as the Police (Property) Act, 1897.