Malone v Metropolitan Police Comr

Hearings

England & Wales

26 May 1978 [1980] QB 49; [1978] 3 WLR 936; [1979] 1 All ER 256; 69 Cr App R 4, CA (Stephenson and Roskill L.JJ.)

Subject Matter

POLICE — Powers — Telephone tapping — 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, s 28 (1) (c) (as amended by Criminal Justice Act 1972, Sch 5) — Powers of Criminal Courts Act 1973, ss 35(1) (4), 43(1) (3)

[1980] QB 49; [1978] 3 WLR 936; [1979] 1 All ER 256; 69 Cr App R 4, CA

Commentary

Blackstones Criminal Practice 2025
Seizure of, Access to and Retention of Materials - Access to and Retention of Seized Material D1.187

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