Title 10 Laws of Bermuda Item 22

BERMUDA

1921 : 18

POLICE (PROPERTY) ACT 1921

ARRANGEMENT OF SECTIONS

1 Property in possession of Police; order of court

2 Time limit

3 Disposal of unclaimed property in possession of police

4 Perishable property

[17 March 1921] [preamble and words of enactment omitted]

Property in possession of Police; order of court

1 Where any property has come into the possession or under the control of the Police in the course of their official duties it shall be lawful for the court hearing and determining any cause or matter in which such property is concerned or wherein it may be an exhibit in evidence, to make such order with respect to such property as to the court seems just.

Time limit

2 Any order made under the foregoing section shall not affect the right of any person to take, within six months from the date of the order, legal proceedings against any person in possession of property, delivered by virtue of the order, for the recovery of the property, but on the expiration of those six months the right shall cease.

3. Disposal of unclaimed property in possession of police

(1) Where the owner of any property which has come into the possession of the Police cannot be ascertained, and no order of a court

1989 Revision 1 POLICE (PROPERTY) ACT 1921

has been made with respect to such property, then, after the same has remained in the possession of the Police for three months —

(a) the property may be returned to the person by whom it was delivered into the possession of the Police or sold by public auction or public tender;

(b) if the property has no value or no real value, it may be disposed of as the Commissioner of Police may direct;

(c) if the property is money, it shall be paid into the Consolidated Fund;

(d) if the property is sold, the proceeds of sale, after deducting any expense incurred in keeping and selling the property and the amount of any compensation paid under subsection (2), shall be paid into the Consolidated Fund.

(2) Where any such property is sold under subsection (1)(a), or paid into the Consolidated Fund under subsection (1)(c), reasonable compensation may be paid to the person by whom was delivered into the possession of the Police.

Perishable property

4 Where the property is of a perishable nature or its custody involves unreasonable expense or inconvenience, it may, with the approval of the court having jurisdiction in the matter, be sold at any time and the proceeds of sale shall then be dealt with in the same way as the property sold could have been dealt with under the foregoing provisions of this Act.

[Amended by

1951 : 87

1952 : 11

1974 : 85]

2 1989 Revision