Clauses 57 and 59.
The power to seize and remove vehicles applies when a direction
has been given under clause 56 or clause 58, (see CJA (Home Office Press Release) but only
when the person in charge "has failed to remove" it
from the land to which the direction applies.
There is no new power to remove vehicles on the road. The section
may be used whether or not the vehicle owner has been arrested,
and even where the owner is not present. There is no power to
seize property other than vehicles, but anything carried on the
vehicles is included. Vehicles seized under this provision are
subject to clause 62.
Clause 59.
The a direction has been given under clause 58, the police have
power to enter land and seize sound equipment as well as vehicles
(whether in use or not, and whether belonging to the organisers
of the event or not), but not if belonging to the occupier. This
applies only when a direction has been given under clause 58 and
only on the land covered by the direction.
Clause 61.
Sound equipment seized under clause 59 may be forfeited by order
of a court after conviction of any person in whose possession it
was; its owner will not be able to recover it without proving
that he or she had "no reason to suspect" that it would
be used at the gathering. Even if no one is charged it may be
retained (under clause 62) until a decision not to prosecute is
taken (which may well take months).
Clause 62.
Seized vehicles may be retained until all charges made for their
impoundment and retention have been paid. Since it is suggested
that the total cost of operating the pounds (estimated at five
hundred thousand pounds) will be raised from those charges, they
will clearly be such to prevent most such vehicles being
recovered. There will be a provision for their destruction, for
which the owners will then be liable to pay a further charge.
Since there are only to be five pounds in the country, owners
wishing to recover vehicles may have to travel considerable
distances as their own expense.
This clause insofar as it applies to living vehicles, is probably
in breach of Article 8 (right to privacy) and Article 14 (right
to family life) of the European Convention on Human Rights, and
in all cases in breach of Article 1 of the first Protocol (right
to property).
Existing law.
The police may impound unroadworthy vehicles under the Road
Traffic Acts. This includes vehicles that are on the road as a
result of being towed off a site during an eviction, as well as
those which are stopped on the road.
There were no existing powers to seize sound equipment, although
this is often done, usually on the grounds that it is required as
"evidence" or "to prevent a beach of the
peace". The intervention of a solicitor usually resulted in
its return. If such a seizure resulted in financial loss, it was
possible to sue the police for damages.
Alan Lodge / Tash: ... tash@gn.apc.org