Section 59 – is it a marvellous power?


Section 59 – is it a marvellous power?

Hampshire Constabulary tell us about their work in Millbrook by the Millbrook Safer Neighbourhoods Team.

On their page, last updated 30 September 2010 they tell us:

“Since the beginning of August 2010 we have made much better use of our powers under Section 59 of the Police Reform Act.  We have identified a number of individuals responsible for riding motorcycles off road and in an anti social manner.  These people have been issued with warnings under the legislation and in some cases had their motorcycles seized.  We have also acted on the information provided to us by you and have executed a number of warrants in an effort to tackle this problem.  To date we have seized 8 motorcycles using our powers under PACE and Section 59 and have identified 3 of these as being stolen.

This work is ongoing and we are continuing to make efforts to identify further suspects for this type of crime in order that we can make further seizures.  In order for this to be possible we still rely heavily on the reports made by you. “

To be fair they are using section 59 for the purpose for which it was intended, to stop vehicles being used in an antisocial way.

Fascinating what you pick up on the web. A site called The Police Oracle a website which tells us exists to provide information to police personnel. There is a comment from Custodyskipper which answers a question about the paperwork necessary with a section 59 notice:

“In our force there’s a specific form to fill in, with carbon paper on the back so both the officer and the driver have a copy.

The s.59 notice applies to both the car and the driver, and appear on PNC for the both of them (as a ‘wanted/missing’ on the person, and a report for the vehicle). So if he’s driving a different car like a plonker, it gets seized, and if that car’s being driven stupidly by one of his mates it gets seized. Marvellous power to have.”

“Marvellous power” is what he tells us.

PNC means Police National Computer, and Custodyskipper is spot on, the section 59 notice is logged against the driver and the vehicle. Like the man says a marvellous power. based on what we hear from our members this marvellous power is not always used properly.

Let us know your experience.