Source: All England Reporter
Publisher Citation: [2002] All ER (D) 432 (Jul)
Court: Administrative Court

Silber J

Representation Andrew Wilson (instructed by Ben Hoare Bell & Co) for the appellant.
  David Richardson (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 29 July 2002


Police - Powers - Power to retain property relevant to criminal proceedings - Appellant purchasing stolen motorbikes - Appellants not involved in theft - Motorbikes lacking identification numbers - True owners not traceable - Justices holding motorbikes should be destroyed by police - Whether justices in error - s 1(1).

The Case

Justices erred when considering an application under s1(1) of the in respect of stolen motorbikes, in holding that the property could never be legally owned by the appellants (who had not been involved in the theft) because of the lack of identification numbers and the absence of DVLA documentation; the case was accordingly remitted to the justices.

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