Usual suspects
Discussion
BertBert said:
I thought that s59 was seizure on the second go? Does that mean they'd all been S59'd before?
Nope. Can be seized the first time using S59(4)A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless—
(a)he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and
(b)it appears to him that the use has continued or been repeated after the warning.
(5)Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
(a)the circumstances make it impracticable for him to give the warning;
(b)the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c)the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d)the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
Edited by Nibbles_bits on Saturday 23 August 23:50
There were XTwitter posts with video of this
https://x.com/ub1ub2/status/1958824065856102567?s=...
And the subsequent seizures
https://x.com/zeegunner1/status/195891812692757711...
https://x.com/ub1ub2/status/1958824065856102567?s=...
And the subsequent seizures
https://x.com/zeegunner1/status/195891812692757711...
Nibbles_bits said:
BertBert said:
I thought that s59 was seizure on the second go? Does that mean they'd all been S59'd before?
Nope. Can be seized the first time using S59(4)A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless—
(a)he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and
(b)it appears to him that the use has continued or been repeated after the warning.
(5)Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
(a)the circumstances make it impracticable for him to give the warning;
(b)the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c)the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d)the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
Edited by Nibbles_bits on Saturday 23 August 23:50
Dave _ said:
Fine use of using a mobile phone while driving - and then putting it online...Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff