Police Act 1958

  • repealed
  • Police Act 1958: repealed, on 1 October 2008, by section 130(4) of the Policing Act 2008 (2008 No 72).
58 District Court Judge may determine title to property
  • (1) Where a member of the Police is in possession of any property of any kind other than property distrained under the warrant of a Justice or Community Magistrate, and it is doubtful whether a person claiming the property, or which of any 2 or more persons so claiming is entitled to the possession thereof, a District Court Judge, on the application of any member of the Police, or of a claimant to the property, may make an order for the delivery of the property to any person appearing to the District Court Judge to be the owner thereof, or entitled to the possession thereof, or, if the owner or person entitled to possession cannot be ascertained, may make such order with respect to possession of the property as he thinks fit.

    (2) Any application under this section shall be made by originating application to a District Court of Civil Jurisdiction.

    (3) If after the making of any such order an action is commenced against any member of the Police or the Crown for the recovery of the property or the value thereof, the order and the delivery of the property in pursuance thereof may be given and shall be received in evidence in bar of the action:

    Provided that no such order or delivery shall affect the right of any persons entitled by law to possession of the property to recover the same.

    Compare: 1947 No 13 s 41

    The words District Court Judge and District Court were substituted for the words Magistrate and Magistrates' Court respectively, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

    Subsection (1) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words or Community Magistrate.