Section 59

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Just a headsup - from another forum, it appears Heddlu ( my mate Hedley ) is up to his old tricks around Houseshoe Pass.

do explain?

Welsh Police.....?

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Basically, if Plod thinks you are ( or might ) create a nuisance, he can give you a Section 59. Apparently even civilian complaints can spark this!
This is a Final Warning! and any future misdemeanour ( STILL no evidence necessary ) means your pride and joy is sent to the crusher.
I hope those of a Constabulary bent will give us chapter and verse on this.

I got one of these after I went past an off duty police man a bit quick. They had no evidence other than me passing a bit quickly. A section 59 is an ASBO for vehicles. The first time you get court it's just a warning but if your caught within 2(?) years doing something anti-social they can seize the vehicle.

The thing to be careful of is the section 59 goes on you as a person and the vehicle that was stopped. So even if your driving a totally different vehicle they can take that off of you. Not only that but if a mate takes your bike out for a spin that has a section 59 on and they get caught that can also count as the 2nd strike. This is how it all got explained to me.

It's a blanket law to cover everything in between much like section 5.

Originally Posted by Seggons

I got one of these after I went past an off duty police man a bit quick.

Originally Posted by http://www.legislation.gov.uk/ukpga/2002/30/section/59

Where a constable in uniform has reasonable grounds for believing..

Should have argued the toss if he wasn't in uniform

/Sarcasm

I got issued one of these was put on an old company car of mine after some ****tish driving infront of an undercover car in northants.

God knows what would happen when it went back to the lease company

If evidence is not needed, it seems a bit too open to abuse to me. Say I see someone who I don't like in an empty car park. I phone the police and tell them he's doing doughnuts. He gets a Section 59.

Does a Section 59 affect insurance?

Section 59 doesn't effect anything. When you do get issued with a section 59 you don't get any paperwork, it's just a note that goes on file. Very much like section 5 of the public order act where police don't need any specific evidence to lock you up for the night.

On the positive side I'd much rather get a section 59 than anything else because it has no points and no fine. I think a better name for it would be a yellow card or even a get out of jail free card.

Brennan, just remember that even though the car has gone back the section 59 is also on you as a person. So if you get caught on the bike and they issue a section 59 it will still be your second and they can take the bike or whatever your using at the time.

Originally Posted by Seggons

On the positive side I'd much rather get a section 59 than anything else because it has no points and no fine. I think a better name for it would be a yellow card or even a get out of jail free card.

I'd rather our police officers weren't given these powers at all, and stuck to the rules as laid down many years ago - those being that the Police of Great Britain do so by consent. They were not given the powers to be judge, jury and executioner.

Section 59 has no place in the British justice system, it is a highly suspect and very much abused power.

Punishments are given when someone has been proven to have committted an offence. Section 59 can be used when there's a suspicion of an offence or some whiny-ar5e with a grudge makes a complaint, the police don't even need evidence.

If a person is suspected of committing an offence there are ways and means of dealing with the suspect through the courts or by way of fixed penalties, should they choose to take one rather than go to court. No decent copper should ever have to resort to using a Section 59 and if I were a copper and I'd used one I'd be ashamed to admit I took the easy lazy route and didn't do my job properly.

Just a heads up - if the copper who tries to slap one of these on you is not in uniform then they do not have the power to issue Section 59.

For more info read this:

http://www.glass-uk.org/index.php?op...267&Itemid=492