F1C1SCHEDULEForfeiture of indecent photographs of children
Sch. applied (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 67(2)(b), 182(5) (with s. 180, Sch. 22 para. 12(2)); S.I. 2010/816, art. 2, Sch. para. 1
Application of Schedule
1
1
This Schedule applies where—
a
property which has been lawfully seized in Northern Ireland is in the custody of a constable,
b
ignoring this Schedule, there is no legitimate reason for the constable to retain custody of the property,
c
the constable is satisfied that there are reasonable grounds for believing that the property is or is likely to be forfeitable property, and
d
ignoring this Schedule, the constable is not aware of any person who has a legitimate reason for possessing the property or any readily separable part of it.
2
The following property is “forfeitable property”—
a
any indecent photograph or pseudo-photograph of a child;
b
any property which it is not reasonably practicable to separate from any property within paragraph (a).
3
For the purposes of this paragraph—
a
a part of any property is a “readily separable part” of the property if, in all the circumstances, it is reasonably practicable for it to be separated from the remainder of that property, and
b
it is reasonably practicable for a part of any property to be separated from the remainder if it is reasonably practicable to separate it without prejudicing the remainder of the property or another part of it.
4
The circumstances mentioned in sub-paragraph (3)(a) include the time and costs involved in separating the property.
Sch. inserted (1.4.2008) by Police and Justice Act 2006 (c. 48), ss. 40(4), 53(1)(a), Sch. 12 (with s. 40(6)(7)); S.I. 2008/790, art. 3(a)