Police Seized Motorbike by breaking into shed

s_b

did i miss the bit where no one mentioned the bike was stolen

misssarahleigh

Deneb wrote: »

You're going to have to spell it out for them:


(5)Where this subsection applies, the constable may

(a)seize the vehicle in accordance with subsections (6) and (7) and remove it;

(b)enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;

(c)use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b).

(6)Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it”

(a)in a section 87(1) case, if the person does not produce his licence and its counterpart immediately;

(b)in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section.

But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so.

(7)If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.

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

I found this section after being told fine thank you.

I was reiterating my original question as the poster I quoted was speaking about 'why' they may take the action they took. I was looking at 'can they' hence why I pointed this out, not because I hadn't read the previous replies.

Mankysteve

molerat wrote: »

Little Johnny is spotted walking down the street with a bag of weed, can the police just kick his door in tomorrow morning to take the weed or would they have to get a warrant first ?

Yes they could, there allowed to enter a property without a warrant if they believe a crime being committed. Possession of weed is a crime.

Or if there risk of evidence of crime being destroyed.

thenudeone

Mankysteve wrote: »

Yes they could, there allowed to enter a property without a warrant if they believe a crime being committed. Possession of weed is a crime.

Or if there risk of evidence of crime being destroyed.

NO - It is not as wide as that.

The powers of entry to make an arrest only apply for an indictable offence (either way offences included), not any offence.
http://en.wikipedia.org/wiki/Powers_of_the_police_in_England_and_Wales#Entry

There are other powers eg: to save live or limb, prevent breach of the peace, extinguish a fire, capture someone escaping from custody, drink driver under certain circumstances; but just because a minor offence is being committed (even if in plain view) DOES NOT automatically confer a power of entry in England & Wales.

NB: Any website that refers to powers of entry for "arrestable offences" is out of date - that definition was abolished by SOCPA 2006.

vax2002

If this is a registered vehicle with a registration certificate, it can be seized under the authority of the entity it is registered to as you become the "keeper" upon registration.
Off Road motorcycles can be seized under section 59 from public land.

The police can not seize privately owned property from private land and this includes motor vehicles, now the problem with this is the legal definition of registered and certificated and the word seize, to seize is to take back, this elludes to the registration which mentions you are only the registered keeper, a keeper is someone looking after someone elses property, the people you register your property to have a claim of ownership and issue a certificate as such.
So the short version is they can take back what is theirs.

andygb

misssarahleigh wrote: »

He wasn't on it, but walking along side.

He only opened the shed to stop further damage (his parents house so their shed and he was a little concerned about the crow bar being inflicted on it!)

He was fined £200 and 6 penalty points for not having insurance. He took his punishment there and then as there were three police officers surrounding him, saying if it gets to court he will face a far worse punishment (general intimidation)

(stupid decision by the young chap, I doubt he would have been convicted)

I personally think he's a bit of a tool from the sounds of it, but I'm looking on the legal side of things

(you don't need to preach he's a yob, I know all about them, or point out his actions were not saintly. I am looking at the legality of those involved)

I would love to see someone do a U turn whilst walking beside a motor bike:rotfl::rotfl::rotfl::rotfl:More like a five point turn, which would give the police time to catch him. You will be saying next, that he put the bike over his shoulder and legged it:D
As far as insurance goes, if the bike was not insured, then it should be on a SORN notice, or the owner will get fined, irrespective of whether it is on a public road.

maninthestreet

vax2002 wrote: »

If this is a registered vehicle with a registration certificate, it can be seized under the authority of the entity it is registered to as you become the "keeper" upon registration.
Off Road motorcycles can be seized under section 59 from public land.

The police can not seize privately owned property from private land and this includes motor vehicles, now the problem with this is the legal definition of registered and certificated and the word seize, to seize is to take back, this elludes to the registration which mentions you are only the registered keeper, a keeper is someone looking after someone elses property, the people you register your property to have a claim of ownership and issue a certificate as such.
So the short version is they can take back what is theirs.

So the DVLA owns all registered vehicles in the UK?

Rover_Driver

vax2002 wrote: »

If this is a registered vehicle with a registration certificate, it can be seized under the authority of the entity it is registered to as you become the "keeper" upon registration.
Off Road motorcycles can be seized under section 59 from public land.

The police can not seize privately owned property from private land and this includes motor vehicles, now the problem with this is the legal definition of registered and certificated and the word seize, to seize is to take back, this elludes to the registration which mentions you are only the registered keeper, a keeper is someone looking after someone elses property, the people you register your property to have a claim of ownership and issue a certificate as such.
So the short version is they can take back what is theirs.

There is nothing in s.165A about the vehicle being registered, it only refers to 'vehicle', so registered or unregistered is irrelevant.

You can keep your own property, the DVLA register is only of the keeper - who may or not be the owner - it has no claim over ownership itself.

Norman_Castle

He was fined £200 and 6 penalty points for not having insurance.

Do you need insurance to push an off road motorcycle along the pavement?. I am not suggesting the fined person was only pushing it, just interested in the legalities.

zappahey

vax2002 wrote: »

If this is a registered vehicle with a registration certificate, it can be seized under the authority of the entity it is registered to as you become the "keeper" upon registration.
Off Road motorcycles can be seized under section 59 from public land.

The police can not seize privately owned property from private land and this includes motor vehicles, now the problem with this is the legal definition of registered and certificated and the word seize, to seize is to take back, this elludes to the registration which mentions you are only the registered keeper, a keeper is someone looking after someone elses property, the people you register your property to have a claim of ownership and issue a certificate as such.
So the short version is they can take back what is theirs.

Are you still trying to claim that DVLA owns all UK registered vehicles?

<Searches for cuckoo smiley>