National Security Act 2023

Power to retain items

12 (1) This paragraph applies if—

(a) a device is surrendered by virtue of a condition of the kind mentioned in paragraph 8(4)(e) of Schedule 7 (surrendering of electronic communication devices for inspection or modification purposes), and

(b) a constable has reasonable grounds for believing that the device is or contains evidence in relation to an offence.

(2) The device may be seized and retained for as long as is necessary in all the circumstances.

(3) In particular—

(a) the thing may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with an offence, and

(b) if a constable has reasonable grounds for believing that the device has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.

(4) Nothing may be retained for either of the purposes mentioned in sub-paragraph (3)(a) if a photograph or copy would be sufficient for that purpose.