Rule 47.35 When this Section appliesI1

England and Wales

(1)

This Section applies where—

(a)

under section 1 of the Police (Property) Act 1897^f1, a magistrates’ court can—

(i)

order the return to the owner of property which has come into the possession of the police or the National Crime Agency in connection with an investigation of a suspected offence, or

(ii)

make such order with respect to such property as the court thinks just, where the owner cannot be ascertained; and

(b)

a Crown Court judge can—

(i)

order the return of seized property under section 59(4) of the Criminal Justice and Police Act 2001^f2, or

(ii)

order the examination, retention, separation or return of seized property under section 59(5) of the Act.

(2)

In this Section, a reference to a person with ‘a relevant interest’ in seized property means someone from whom the property was seized, or someone with a proprietary interest in the property, or someone who had custody or control of it immediately before it was seized.

Annotations

Commencement

I1: Rule 47.35 in force at 6.10.2025, see Preamble

Footnotes

f1: 1897 c. 30; section 1 was amended by sections 33 and 36 of, and Part III of Schedule 3 to, the Theft Act 1968 (c. 60), section 58 of the Criminal Justice Act 1972 (c. 71), section 192 of, and Part I of Schedule 5 to, the Consumer Credit Act 1974 (c. 39), the Statute Law (Repeals) Act 1989 (c. 43) and section 4 of the Police (Property) Act 1997 (c. 30).
f2: 2001 c. 16.

Notes on Part 47

Textual amendments

F1: Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)