Operational partnerships - Seizures of vehicles used in an anti social manner policy (O35c)

1. Summary of changes

1.1.This standard operating procedure (SOP) has been reviewed in February 2022 - no amendments to content have been made. 

2. What this procedure is about

2.1. The purpose of this SOP is to provide a means of recording warnings and seizure of vehicles used in an anti-social behaviour/manner contravening the Road Traffic Act 1988.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

3.1. Section 59 (1) of the Police Reform Act 2002 establishes that where a police constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which contravenes section 3 or section 34 of the Road Traffic Act 1988 (careless and inconsiderate driving and prohibition of off-road driving) and is causing, or is likely to cause alarm, distress or annoyance to members of the public, a constable in uniform has the power to order the person driving to stop the vehicle, to seize and remove the vehicle, to enter any premises (other than a dwelling) on/in which the officer has reasonable grounds for believing the motor vehicle to be and to use reasonable force where necessary, in order to do so. A police community support officer has the same powers as a constable, except that they can only enter premises when in the company, and under the supervision of, a constable.

3.2. A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by section 59 (1) unless:

(a) he has warned the person appearing to him to be the person whose use falls within 3.1 above that he will seize it, if that use continues or is repeated
(b) it appears to him that the use has continued or been repeated after the warning

3.3. There will be a presumption towards prosecution for the substantive offence at the time of seizure. Consideration should be given to prosecution at the time of first warning taking into account the seriousness of the circumstances giving rise to the warning.

3.4. A full pocket notebook (PNB) entry will be made by the officer, providing sufficient evidence of the circumstance leading to the issue of a warning and/or seizure.

3.5. In exceptional circumstances where a prosecution is not being taken, but a statutory warning is issued on the evidence of the third party complaint, a witness statement will be obtained and attached to the officer’s copy of the statutory warning form.

3.6. The Police Reform Act 2002 lends itself to targeted operations, and where multiple seizures are anticipated prior notice should be given to the recovery agent and the vehicle recovery team.

Issue of warning (form 3220)

3.7 An officer issuing a statutory warning under Section 59 of the Police Reform Act 2002 will complete the relevant sections of the prescribed form 3220 (warning notice). In the case of:

3.7.1 Driver/rider

Serve a copy on the driver and obtain a signature on the officer’s copy. Where the driver is the owner of the vehicle this should also be specified on the form.

3.7.2 Owner or registered keeper

• present at the time of the warning, notify them of the warning and possible consequences and obtain a signature on the officer’s copy
• not present at time of warning, obtain details of the owner of the vehicle and notify them of the use of the vehicle leading to the warning and possible consequences ensuring the date notified (and method of notification if not in person – Word form 3220 can be used for this purpose) is recorded on the rear of the police copy
• this is in order to negate any later denial by the owner of knowledge of such use of their vehicle. It is the responsibility of the officer dealing to ensure notification is carried out and documented in case of later denial.

3.7.3. Unaccompanied Juvenile driver/rider

Warn for offence(s) and issue documentation at the roadside then hand deliver the copy to the parents/guardian/carer in order to explain the warning and the consequences of breaching it to them. Personal service of this warning should be carried out and documented in all cases.

3.7.4 Force policy requires that any parent/guardian/carer of a juvenile under the age of 18 years of age, residing in Kent, are informed of any anti-social behaviour caused by the juvenile in their care.

3.8 Where an officer is not in possession of the prescribed form the statutory warning will be given verbally, and recorded in the officer’s PNB. The details must specify the:

• time
• day
• date
• place of warning
• vehicle/driver/owner
• officer recording the warning
• any other witness, and
• brief circumstances leading to the warning being given

3.9 The requirements in sections 4.1.3 and 4.1.6 (vehicle owner/juvenile) should then be completed as soon as practicable.

3.10 In all cases the officer issuing the warning will as soon as possible:

• complete form 3220 providing all required information in the box on the rear of the police copy*. The Police National Computer (PNC) cannot be updated unless this information is provided. (*On the Word form version this is the ‘Police use only’ box which should not be completed on the public’s copy)
• after fully completing form 3220, complete E-form no. F109 which auto sends to the PNC Bureau who update PNC and file the E-form
• forward the police copy of the 3220 to Tasking at Coldharbour for filing, briefing and appropriate dissemination. (Where a prosecution is expected, the original 3220 should remain with the case file and a copy should be sent to the force tasking and coordination unit at Coldharbour)

3.11 There is no longer any requirement to create a STORM or Athena record for the issue of a warning.

Seizure of a motor vehicle 

3.12 Where an officer is considering seizure of a motor vehicle under Section 59 of the Police Reform Act 2002 they will obtain prior authorisation from a police sergeant who will ensure that:

• a Section 3 or Section 34 Road Traffic Act (RTA) 1988 offence has been committed
• the use of the vehicle is causing/likely to cause alarm, distress or annoyance to members of the public
• the vehicle and/or driver/rider is currently subject of a waning issued under Section 59 Police Reform Act 2002 within the preceding 12 months

3.13 Upon seizure, a Vehicle Seizure Notice and Traffic Offence Report must be issued. Proof of a prior Section 59 Police Reform Act 2002 warning should be obtained from the original warning officer by way of an MG11 (or a copy of the form 3220 if warned in Kent). As there is a presumption of prosecution for the S.3 or S.34 RTA offence at the time of seizure, the proof of warning should remain with the process case file.

3.14 The Force Control Room will be contacted and create a STORM record, except where the seizure occurs as a result of a call for which a current STORM record exists, in which case that record will be appropriately endorsed. Details of the vehicle, driver and owner, together with time, date, day, place, officer seizing and a brief outline of the circumstances leading to the seizure should be included in this record.

3.15 The Force Control Room will update the PNC with a removal report and ensure that the STORM record is updated with the name of the attending recovery agent and the place to which the vehicle was taken for storage.

3.16 Officers will advise owners to take appropriate documentation with them to the nominated police station when reclaiming vehicles in order to prove ownership. PEOs will make appropriate checks as to the validity of the person claiming ownership before releasing the vehicle to them and updating the Vehicle Seizure Notice (VSN).

3.17 Where the owner is not present at the time of seizure the officer will make expeditious enquiries to the trace the owner and without delay serve a Nuisance Vehicle Seizure Notice form 3220b on the owner of the vehicle in person or by ordinary first class post. The legislation states that notification cannot be given via the driver if they are not the owner.

Disposal of vehicles 

3.18 The vehicle recovery team will keep an overview of seized vehicles. If, after 14 days from seizure, the officer in the case has still been unable to trace the ownership of the vehicle then it will be disposed of.

Recovery costs 

3.19 The start point of the 14 days for the purposes of charges will commence 24 hours after seizure regardless of whether the owner has at that stage been notified.

3.20 Under Section 59 of the Police Reform Act, 2002, the charges set for recovery are as follows:

• recovery: £150
• storage: £20 per day

3.20.1 The maximum charge allowable in any circumstances is £430.

3.21 Payments will be made directly to police approved recovery operators.

3.22 Kent Police will not underwrite any unrecoverable costs incurred by the recovery agents. Where the owner has a legitimate waiver of the costs of recovery it will be at the discretion of the deputy divisional commander to pay such costs following liaison with the force vehicle recovery scheme manager. Where costs have not been paid by the owner, and a prosecution of the driver is pursued, consideration should be given to recovery of costs by way of compensation order.

3.23 The central operations finance officer shall act as a point of contact for any finance/budgetary advice relating to vehicle seizure costs.

Enforcement issues 

3.24 This legislation includes mechanically propelled vehicles, whether intended or adapted for use on the road. Where a chassis number exists this will be used to create the PNC vehicle record.

3.25 Where no identification can be found or there is doubt about the ownership of the vehicle then Police And Criminal Evidence Act (PACE) 1984 powers should be considered and if recovered the appropriate power of seizure, e.g. under Section 19 PACE, will be specified to the force control room at the time of the request for recovery in order that the correct Vehicle Retention Document (VRD) process is implemented.

3.26 Section 3 of the RTA 1988 will include car parks that are open to the public. Where the issue of public access is in doubt, advice should be sought from Legal Services.

3.27 Entry onto private premises to seize a vehicle is authorized; whilst a private dwelling is excluded, garages, sheds and land attached to a dwelling is included e.g. driveway, rear garden.

3.28 Proof of a prior warning under Section 59 of the Police Reform Act 2002 will be provided to another police force upon request, either by way of form 3220, or an MG11 containing the same required information e.g. when the initial warning is given as the result of a third party complaint.

3.29 The original form 3220 completed at the time of the warning should not be sent. This should at all times remain with Kent Police for use in any prosecution or further requests for proof of prior warning.

4. Equality Impact Assessment (EIA)

4.1. An EIA has been carried out and shows the proposals in this procedure would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

5.1 This SOP has been assessed as low risk.

6. Consultation

• Tactical Operations Command
• Central Response Command Tasking and Co-ordination
• Operational Officers
• Human Resources
• Finance
• IT Security
• Estates
• Health and Safety
• Equality and Diversity
• Legal
• Freedom of Information

 7. Monitoring and review

7.1. This SOP shall be monitored and reviewed in February 2024 by Partnerships and Communities to take into account any changes to legislation and procedures.

8. Staffing/training/finance

8.1. The budget for vehicle recovery and seizure costs is held centrally within central response, managed by the finance officer for central operations, who will act as the point of contact for budgetary advice.

9. Security

9.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

10. Retention and disposal of records

10.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.