This is the means by which the police leave a suspected stolen vehicle with an innocent purchaser (IP). The IP is handed a ‘s66’ (PACE 1984) notice which briefly identifies the problem and advises the innocent purchaser that they MUST NOT dispose of the vehicle or alter it.
Generally, there exists the possibility the innocent purchaser has only acquired possession and the vehicle may belong to another (usually an insurance company). For more information about the decision of issue a ‘s66’ notice and individual police service’s approaches, see ‘Legislation‘. The type of document issued by the police, if you are permitted to retain the vehicle, is as follows:
POLICE SERVICE
Notice under s66 Police and Criminal Evidence Act 1984
Your Name
Your Address
I have been informed and understand that the below described property which is in my possession is currently the subject of Police enquiries to ascertain its true identity and / or ownership
I have also been told and understand that if I dispose of the property or alter it in any material way I may be liable to civil or criminal proceedings.
(Description of property)
I acknowledge receipt of a copy of this form
Signed:
Date:
This ‘section 66’ notice (more correctly section 6.6), is queried by many. It is the writer’s understanding that the applicable section of the PACE Act 1984 is:
- Seizure and retention of property
(a) Seizure
6.1 – Subject to paragraph 6.2 below, an officer who is searching any premises under any statutory power or with the consent of the occupier may seize:
- anything covered by a warrant; and
- anything which he has reasonable grounds for believing is evidence of an offence or has been obtained in consequence of the commission of an offence.
Items under (b) may only be seized where this is necessary to prevent their concealment, alteration, loss, damage or destruction.
6.2 – No item may be seized which is subject to legal privilege (as defined in section 10 of the Police and Criminal Evidence Act 1984).
6.3 – An officer who decides that it is not appropriate to seize property because of an explanation given by the person holding it, but who has reasonable grounds for believing that it has been obtained in consequence of the commission of an offence by some person, shall inform the holder of his suspicions and shall explain that, if he disposes of the property, he may be liable to civil or criminal proceedings.
(b) Retention
6.6 – subject to paragraph 6.7. below, anything which has been seized in accordance with the above provisions may be retained only as is necessary in the circumstances. It may be retained among other purposes:
- for use in evidence at a trial for an offence
- for forensic examination or for other investigation in connection with an offence; or
- where there are reasonable grounds for believing that it has been stolen or obtained by the commission of an offence, in order to establish its lawful owner.
see 2001 Court ruling Costello v Police
6.7 – Property shall not be retained in accordance with 6.6(i) and (ii) (i.e. for use as evidence or for the purpose of investigation) if a photograph or copy would suffice for those purposes.
(c) Rights of owners etc.
6.8 – If property is retained the person who had custody or control of it immediately prior to its seizure must on request be provided with a list or description of the property within a reasonable time.
6.9 – He or his representative must be allowed supervised access to the property to examine it or have it photographed or copied, or, must be provided with a photograph or copy, in either case within a reasonable time or any request and at his own expense, unless the officer in charge of the investigation has reasonable grounds for believing this would prejudice the investigation of an offence or any criminal proceedings. In this case a record of the grounds must be made.
Note for Guidance
6A
Any person claiming property seized by the police may apply to a magistrates’ court under the Police (Property) Act 1987 for its possession, and should, where appropriate, be advised of this procedure.