The Law Reports (Queen's Bench Division)
[1980] QB 49
[COURT OF APPEAL]
MALONE
v.
METROPOLITAN POLICE COMMISSIONER
[1978 M. No. 839]
1978 May 19,
22,
23;
26
Stephenson and Roskill L.JJ.
Police
— Powers
— Retention of money
— Search warrant to search for suspected stolen property
— Large sum partly in foreign currency seized from house
— Owner committed for trial on charges of conspiracy to handle and handling stolen goods
— No specific charges made in respect of money
— Whether police entitled to retain money as material evidence until conclusion of trial
— Whether police entitled to retain money for purpose of satisfying restitution compensation or forfeiture orders
—
Theft Act 1968 (c. 60), s. 28 (1) (c) (as amended by Criminal Justice Act 1972, Sch. 5)
—
Powers of Criminal Courts Act 1973 (c. 62), ss. 35 (1) (4), 43 (1) (3)