Procedures for Recovering Stolen Vehicles from Abroad (Europe)
United Kingdom
| 1.
Under what circumstances can a stolen vehicle be seized in your country? |
- If the police have reasonable grounds to believe that a vehicle is stolen,
they have authority to seize it.
If the police have reasonable grounds to believe that a vehicle is evidence
of a criminal offence, they may seize it.
They may also require a person to keep the vehicle until enquiries or proceedings
are completed.
The lawful owner or his representative may also take possession of the vehicle
in certain circumstances without a court order.
Civil courts may grant orders of repossession to the lawful owner.
| 2.
What channels are used to notify the owner of the vehicle's location (Interpol
or other)? |
- The normal channels of notification are Interpol, but commonly direct contact
or other channels such as the Kent Constabulary European Liaison Unit are
used. In the case of foreign hire cars, a recognised representative of an
associated hire company in the UK may be utilised.
| 3.
Who is responsible for the storage of seized vehicles? |
| 4.
Are there any costs associated with storage of a seized stolen vehicle and
who is responsible for these costs? |
- 3) & 4)
- In the first instance the police will take responsibility for the vehicle
and no charges are made. They are not required to do so and if there is an
indication that there may be a lengthy delay in recovery, commercial storage
for which the owner is responsible for charges may be used.
If the vehicle is seized as evidence the cost of storage will generally be
borne by the police.
| 5.
How does a stolen vehicle get restored to its legal owner? |
a) Do the police have authority to restore the vehicle?
- The police can restore a vehicle to its owner, provided it is not required
as evidence, in which case the Prosecuting Authority can decide.
b) Is it the local court who authorises release of the vehicle?
- The local court only has a function when there is dispute about ownership
that cannot easily be resolved.
c) Is it necessary to have a "commission rogatoire" to recover
the vehicle?
- It is not necessary to have a Commission Rogatoire, unless there are difficult
disputes about ownership and there are criminal proceedings. If there are
no criminal proceedings, civil litigation can be instigated.
d) What documentation does the owner have to provide in order to recover
the vehicle?
- The owner or his representative may be required to produce receipts, registration
documents or any other documents sufficient to satisfy the police that he
is the lawful owner.
| 6.
Are there any time limits associated with recovery of the vehicle? (i.e.
after a certain period of time the vehicle becomes the property of the state
or police, etc.)? |
- There are no statutory limits, but the police are under a duty to make
all reasonable enquiries to identify the lawful owner. Once this is done and
the vehicle is still not recovered, it may be disposed of after referral to
the magistrates court. If the vehicle is in commercial storage, the associated
costs may be recovered by the commercial organisation through the civil court.
An abandoned vehicle can also be disposed of as waste by the local authority.
| 7.
Please give details of relevant legislation |
- The relevant UK legislation is the Theft Act 1968, which defines stolen
property and the offences of theft, handling and deception.
The Police Property Act legislates for the court to decide on disputed ownership.
| 8.
If the law in your country precludes the restitution of a stolen vehicle
to its original owner, please give the reasons why |
- In the UK property remains stolen until restored to the owner, or other
lawful authority, such as the police. No rights of ownership can be transferred
by theft. The innocent purchaser does not acquire rights of ownership, but
clearly is not guilty of the criminal offence of handling. However, many times
stolen property is sold on, it still remains the property of the original
owner.
It is irrelevant where the property was stolen.
| 9.
Does your country have any bilateral treaties, conventions, or agreements
with other countries dealing with the recovery of stolen property? If so,
please describe how they operate and give details of the countries concerned |
- There are no specific treaties at present, although several are under consideration,
for example UK and Pakistan.
| 10.
Reference point, for assistance in case of difficulties |
- UK NCB.
Last update: February 2008
