Criminal Justice and Police Act 2001
2001 CHAPTER 16
Commentary on Sections
Part 2: Powers of seizure
Outline of proposals
Section 61: Duty to secure
178.This section sets out the duty to secure which arises by virtue of section 60. The duty ensures that the person who has possession of the seized property does not, for example, examine or copy it other than with consent of the applicant or in accordance with the directions of the Court. Subsection (3) provides that the duty to secure does not prevent the giving of a notice under section 49 of the Regulation of Investigatory Powers Act 2000 requiring the disclosure of material protected by encryption.
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