S.59 Police Reform Act 2002 Flashcards
What is s.59 of the police reform act 2002?
If a constable in uniform has reasonable grounds for believing a motor vehicle is being or has been used on any occasion in a manner which contravenes s.3 or s.34 of the Road Traffic Act 1988 and is causing or is likely to cause alarm, distress or annoyance to members of the public he shall have the powers set out in s.59(3)
What is s.3 of the RTA 1988?
If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or public place he is guilty of an offence
What is s.34 of the RTA 1988?
If without lawful authority a person drives a mechanically propelled vehicle
A) onto or upon any common land, moorland ormoand of any other description, not being land forming part of a road, or
B) on any road being a footpath or bridleway or restricted byway
He shall be guilty of an offence
What are the powers under s.59(3)?
A - to order the person to stop driving the vehicle
B - to seize and remove the motor vehicle
C - for the purposes of exercising a power with a or b to enter any premises on which he has reasonable grounds for believing the motor vehicle to be
D - to use reasonable force, if necessary, in the exercise of any power a to c
Under this section a premises does not include a dwelling
What are the conditions for seizure under s.59(4)?
A - the person has been warned the vehicle will be seized
B - that the behaviour has been repeated or continued
When does a subsection 4 warning not need to be given?
If it is impracticable to do so
A warning has already been given by that officer on that occasion about that person or vehicle
Officer has reasonable grounds to believe that a warning has been given in that occasion other than by him
Officer has reasonable grounds to believe the person has been warned within the last 12 months
What can warnings be given against?
The person or the vehicle
