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Serious Organised Crime and Police Act 2005

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Changes over time for: Paragraph 4

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Version Superseded: 15/12/2017

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Point in time view as at 27/04/2017.

Changes to legislation:

Serious Organised Crime and Police Act 2005, Paragraph 4 is up to date with all changes known to be in force on or before 10 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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4E+W[F1After paragraph 2 insert—

2APowers to search individuals and to seize and retain items

(1)Where a designation applies this paragraph to any person, that person shall (subject to sub-paragraph (3)) have the powers mentioned in sub-paragraph (2) in relation to a person upon whom he has imposed a requirement to wait under paragraph 2(3) or (3B) (whether or not that person makes an election under paragraph 2(4)).

(2)Those powers are the same powers as a constable has under section 32 of the 1984 Act in relation to a person arrested at a place other than a police station—

(a)to search the arrested person if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others; and to seize and retain anything he finds on exercising that power, if the constable has reasonable grounds for believing that the person being searched might use it to cause physical injury to himself or to any other person;

(b)to search the arrested person for anything which he might use to assist him to escape from lawful custody; and to seize and retain anything he finds on exercising that power (other than an item subject to legal privilege) if the constable has reasonable grounds for believing that the person being searched might use it to assist him to escape from lawful custody.

(3)If in exercise of the power conferred by sub-paragraph (1) the person to whom this paragraph applies seizes and retains anything by virtue of sub-paragraph (2), he must—

(a)tell the person from whom it was seized where inquiries about its recovery may be made; and

(b)comply with a constable's instructions about what to do with it.]

Textual Amendments

F1Sch. 8 paras. 1-15 omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 18(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

Commencement Information

I1Sch. 8 para. 4 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(r)

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