C3Part 2 Powers of seizure

Annotations:
Modifications etc. (not altering text)

Return or retention of seized property

C1C256 Property seized by constables etc.

1

The retention of—

a

property seized on any premises by a constable who was lawfully on the premises,

b

property seized on any premises by a relevant person who was on the premises accompanied by a constable, and

c

property seized by a constable carrying out a lawful search of any person,

is authorised by this section if the property falls within subsection (2) or (3).

2

Property falls within this subsection to the extent that there are reasonable grounds for believing—

a

that it is property obtained in consequence of the commission of an offence; and

b

that it is necessary for it to be retained in order to prevent its being concealed, lost, damaged, altered or destroyed.

3

Property falls within this subsection to the extent that there are reasonable grounds for believing—

a

that it is evidence in relation to any offence; and

b

that it is necessary for it to be retained in order to prevent its being concealed, lost, altered or destroyed.

4

Nothing in this section authorises the retention (except in pursuance of section 54(2)) of anything at any time when its return is required by section 54.

5

In subsection (1)(b) the reference to a relevant person’s being on any premises accompanied by a constable is a reference only to a person who was so on the premises under the authority of—

a

a warrant under section 448 of the Companies Act 1985 (c. 6) authorising him to exercise together with a constable the powers conferred by subsection (3) of that section;

b

a warrant under Article 441 of the Companies (Northern Ireland) Order 1986 (S.I. 1986 1032 (N.I. 6)) authorising him to exercise together with a constable the powers conferred by paragraph (3) of that Article;

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