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S59 Police Reform Act


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#1 bluehat

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Posted 18 March 2005 - 04:55 PM

Just a quick question if anyone can help that would be fantastic! Below is the blurb that is the act (it isnt that long). But my question is can this power only be used when a S60 is in operation? Appreciate any replys on this dull topic, cheers!!!

Section : 59
Act : Police Reform Act 2002
Subject : Vehicles Used In Manner Causing Alarm, Distress Or Annoyance




(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which-


(a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and

(b) is causing, or is likely to cause, alarm, distress or annoyance to members of the public,

he shall have the powers set out in subsection (3).


(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).


(3) Those powers are-


(a) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle

(b) power to seize and remove the motor vehicle

© power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be

(d) power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to (a) to ©.

(4) A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless-


(a) he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated and

(b) it appears to him that the use has continued or been repeated after the the warning.

(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if-


(a) the circumstances make it impracticable for him to give the warning

(b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person

© the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him or

(d) the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

#2 wolf_friend

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Posted 18 March 2005 - 06:48 PM

Hi,
my understanding as little as it is, is that any officer IN uniform has the power to exercise this.

However a warning MUST BE GIVEN 1ST (like POA 5), then feel free.

I believe it was designed to be targeted at boy racers, street races / meets etc.

I dare say I will be corrected if wrong, so apologies in advance

Wolf_friend

#3 Bas

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Posted 18 March 2005 - 07:28 PM

I'm a bit confused bluehat. This is what I have for Section 60.......

Section : 60   
Act : Police Reform Act 2002
Subject : Retention Etc. Of Vehicles Seized Under Section 59


(1) The Secretary of State may by regulations make provision as to-
 
(a) the removal and retention of motor vehicles seized under section 59 and

(b) the release or disposal of such motor vehicles.

    (2) Regulations under subsection (1) may, in particular, make provision-


(a) for the giving of notice of the seizure of a motor vehicle under section 59 to a person who is the owner of that vehicle or who, in accordance with the regulations, appears to be its owner

(b) for the procedure by which a person who claims to be the owner of a motor vehicle seized under section 59 may seek to have it released

© for requiring the payment of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;

(d) as to the circumstances in which a motor vehicle seized under section 59 may be disposed of

(e) as to the destination-

(i) of any fees or charges payable in accordance with the regulations and

(ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 59

(f) for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 59.

    (3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if-


(a) the use by reference to which the motor vehicle in question was seized was not a use by him and

(b) he did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner.

    (4) In this section-


"local authority"-

(a) in relation to England, means the council of a county, metropolitan district or London borough, the Common Council of the City of London or Transport for London and

(b) in relation to Wales, means the council of a county or county borough

"motor vehicle" has the same meaning as in section 59.


Since this relates specifically to the Retention/release/disposal of vehicles siezed under Section 59, I don't see how a 60 would have to be in place for a 59 to happen. You need a 59 to enable a 60 if you see what I mean!!

That's my understanding anyway.

#4 Detritus

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Posted 18 March 2005 - 09:24 PM

don't need a section 60 in place.
do remember to get the drivers name though,when you issue the warning.I 've had to bin quite a few warnings of late as officers didn't get the names

#5 Crucible

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Posted 19 March 2005 - 08:42 AM

In my old force you had to get a log opened and details recorded, so other officers could actually search if a warning had been given. We also had a written warning form to give them.

We had to submit an Incident Report Book which got filed in the Registry and could be easily accessed later. We were told only to seize the car if, on the second occassion, they were being reported for an offence. Otherwise, issue another warning.

The power itself is fairly straight forward. What is not is that every force may have a different adminstrative process for dealing with it.

#6 Grumbledook

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Posted 19 March 2005 - 11:38 AM

Just a quick question if anyone can help that would be fantastic! Below is the blurb that is the act (it isnt that long). But my question is can this power only be used when a S60 is in operation? Appreciate any replys on this dull topic, cheers!!!

View Post


Think maybe you are getting confused with SECT 60 of the Criminal Justice and Public Order Act regarding stops and searches.

SECT 60 of the Police Reform Act 2002 merely sets out the procedures for reclamation of the vehicle once it has been siezed under SECT 59 of the Police Reform Act 2002.


HTH

G.

#7 Lord Vader

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Posted 19 March 2005 - 04:47 PM

No, you can use Sec 59 at any time in a public place. Doesn't need a Sec 60 in place (they are from different Acts by the way (see below), the fact that it's 59 and 60 are just confusing :lol:).

See this thread for a pretty good discussion. I reckon I might do a document for the Reference Library too - watch this space :whistle:

Further reading:

#8 Lord Vader

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Posted 19 March 2005 - 07:04 PM

I have produced a simple guide to your powers under Section 59 which you can find here in the Reference Library. Enjoy!

#9 robbo1982

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Posted 21 March 2005 - 05:14 PM

Can i ask if i have managfed to get this right in my head? (im not the brightest bulb in the box today!!)

Under Sec 59 then, if someone has been warned for basically causing H.A or D in a car (or generally being an idiot whilst driving), a warning is issued first and logged. If that said person is once again seen to be driving like a fool. The car can be seized?

#10 Lord Vader

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Posted 21 March 2005 - 05:46 PM

Can i ask if i have managfed to get this right in my head? (im not the brightest bulb in the box today!!)

Under Sec 59 then, if someone has been warned for basically causing H.A or D in a car (or generally being an idiot whilst driving), a warning is issued first and logged. If that said person is once again seen to be driving like a fool. The car can be seized?

View Post

In essence, yes. There's more to it but that's all in the guide mentioned above :whistle:

#11 datxman

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Posted 27 March 2005 - 11:32 PM

Just a quick question on this guide to Section 59. When it is mentioned that a CONSTABLE can stop and warn a driver about section 59, does that include PCSO's?

#12 Boromir

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Posted 28 March 2005 - 12:13 AM

Does a PCSO have the same power as a Constable to stop a vehicle in the first place?

#13 Lord Vader

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Posted 28 March 2005 - 08:39 AM

I have to admit, I don't know. The guide was written for police officers, not PCSOs. I'd suggest that PCSOs interested in Sec 59 powers check with their supervisors to see if they can use them - it would make sense since tackling anti-social behaviour is part of a PCSO's remit...

#14 Gravey

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Posted 29 March 2005 - 09:27 AM

In essence, yes.  There's more to it but that's all in the guide mentioned above :whistle:

View Post



Just to put a spin on this subject, what if the warned driver is not the registered keeper, i.e. boy out in his dad's car, could you seize the car then, bearing in mind that he had permission from his dad to take the car in the first place?

#15 Lord Vader

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Posted 29 March 2005 - 09:31 AM

Just to put a spin on this subject, what if the warned driver is not the registered keeper, i.e. boy out in his dad's car, could you seize the car then, bearing in mind that he had permission from his dad to take the car in the first place?

View Post

Yes.

If dad can prove that he wasn't aware the vehicle was being used in such a way then he may be able to retrieve it without payment of fines, etc. (Sec 60 of the Act as discussed in the guide).




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