Section 59 Police Reform Act 2002

#1 Brent

UKPOLICEONLINE New Member

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46 posts

Posted 05 May 2007 - 11:23 AM

I am after some guidance from anyone who has recently used this power.

The scenario is that having seen a vehicle driving round our area over the course of two nights - revving it's engine outside clubs and playing loud music - I managed to stop it and speak to the driver. Anyway, he seemed to think he had the upper hand as he was fully insured etc and as I walked away turned the music up again. I therefore went back to him and discussed Section 59 of the police reform act 2002 and told him how if I gave him a warning tonight and he was caught doing the same thing again any time in the next 12 months his car would be seized. This had the desired effect and we both parted company.

However, I'm not totally sure I was correct in my advice? I presumed that anti social behaviour from a vehicle would suffice for this legislation - the loud music. However on closer examination of the legislation I note it refers to careless and incosiderate driving. Now I still think that loud music falls in to this definition but I'm wondering if it was challenged whether a court would? The circumstances being a parked car with the engine outside a club playing loud music. I'm fairly confident this would stand up but thought I would put it out there and see if anyone has any prior knowledge?

Also, my plan now is to place a marker on the vehicle and the driver to state he has been given a warning. Details will then be recorded in my PNB as I'm not aware of any form I should have given the driver? Though I have noted it on the stop from I submitted - a copy of which the driver didn't want.

#2 hairybeast

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255 posts

Posted 05 May 2007 - 11:59 AM

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