UK and Europe · Public discussion

I wonder?

Started by Tony Raven · · Last activity · 2 posts · 521 views

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UK and Europe
Published
12 April 2005
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17 April 2005
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Tony Raven
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  1. Do you think the police would exercise their powers under the s59 of the
    Police Reform Act 2002 (below)? I like the combination of 1 with 3b.

    Tony

    59 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;

    (c) 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 (c).

    (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;

    (c) 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.

    (6) A person who fails to comply with an order under subsection
    (3)(a) is guilty of an offence and shall be liable, on summary
    conviction, to a fine not exceeding level 3 on the standard scale.

    (7) Subsection (3)(c) does not authorise entry into a private
    dwelling house.

    (8) The powers conferred on a constable by this section shall be
    exercisable only at a time when regulations under section 60 are in force.

    (9) In this section-

    "driving" has the same meaning as in the Road Traffic Act 1988
    (c. 52);

    "motor vehicle" means any mechanically propelled vehicle, whether
    or not it is intended or adapted for use on roads; and

    "private dwelling house" does not include any garage or other
    structure occupied with the dwelling house, or any land appurtenant to
    the dwelling house.

  2. On Tue, 12 Apr 2005 14:00:26 +0100, Tony Raven <[email hidden]>

    wrote in message : said:

    Do you think the police would exercise their powers under the s59 of the
    Police Reform Act 2002 (below)? I like the combination of 1 with 3b.

    Seditious thoughts, Tony...

    Guy
    --
    http://www.chapmancentral.co.uk

    "To every complex problem there is a solution which is
    simple, neat and wrong" - HL Mencken

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