C1C30C32C41 Part II Powers of Entry, Search and Seizure
Pt. II (ss. 8-23) amended (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 16(1), 94; S.I. 2004/786, art. 3(2)
Pt. II incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
Pt. II applied (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 16(1) (with art. 3)
Seizure etc.
C17C50C48C54C60C69C46C58C6119C41 General power of seizure etc.C2
1
The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.
2
The constable may seize anything which is on the premises if he has reasonable grounds for believing—
a
that it has been obtained in consequence of the commission of an offence; and
b
that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
3
The constable may seize anything which is on the premises if he has reasonable grounds for believing—
a
that it is evidence in relation to an offence which he is investigating or any other offence; and
b
that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
C34
The constable may require any information which is F1stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible F2or from which it can readily be produced in a visible and legible form if he has reasonable grounds for believing—
a
that—
i
it is evidence in relation to an offence which he is investigating or any other offence; or
ii
it has been obtained in consequence of the commission of an offence; and
b
that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.
5
The powers conferred by this section are in addition to any power otherwise conferred.
C4C166
No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after this Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.
C6C18C27C28C29C57C53C64C66C4220C41 Extension of powers of seizure to computerised information. C5
1
Every power of seizure which is conferred by an enactment to which this section applies on a constable who has entered premises in the exercise of a power conferred by an enactment shall be construed as including a power to require any information F3stored in any electronic form contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible F4or from which it can readily be produced in a visible and legible form.
2
This section applies—
a
to any enactment contained in an Act passed before this Act;
b
to sections 8 and 18 above;
c
to paragraph 13 of Schedule 1 to this Act; and
d
to any enactment contained in an Act passed after this Act.
C7C8C9C10C19C24C25C31C39C37C73C34C35C47C45C59C41C4421C41 Access and copying.
C21C52C681
A constable who seizes anything in the exercise of a power conferred by any enactment, including an enactment contained in an Act passed after this Act, shall, if so requested by a person showing himself—
a
to be the occupier of premises on which it was seized; or
b
to have had custody or control of it immediately before the seizure,
provide that person with a record of what he seized.
C22C52C682
The officer shall provide the record within a reasonable time from the making of the request for it.
C23C38C683
Subject to subsection (8) below, if a request for permission to be granted access to anything which—
a
has been seized by a constable; and
b
is retained by the police for the purpose of investigating an offence,
is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of a constable.
C23C38C684
Subject to subsection (8) below, if a request for a photograph or copy of any such thing is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized, or by someone acting on behalf of such a person, the officer shall—
a
allow the person who made the request access to it under the supervision of a constable for the purpose of photographing or copying it; or
b
photograph or copy it, or cause it to be photographed or copied.
C23C38C685
A constable may also photograph or copy, or have photographed or copied, anything which he has power to seize, without a request being made under subsection (4) above.
C23C38C686
Where anything is photographed or copied under subsection (4)(b) above, the photograph or copy shall be supplied to the person who made the request.
C23C38C687
The photograph or copy shall be so supplied within a reasonable time from the making of the request.
C23C38C688
There is no duty under this section to grant access to, or to supply a photograph or copy of, anything if the officer in charge of the investigation for the purposes of which it was seized has reasonable grounds for believing that to do so would prejudice—
a
that investigation;
b
the investigation of an offence other than the offence for the purposes of investigating which the thing was seized; or
c
any criminal proceedings which may be brought as a result of—
i
the investigation of which he is in charge; or
ii
any such investigation as is mentioned in paragraph (b) above.
C68F69
The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant.
F810
The references to a constable in subsections (1) and (2) do not include a constable who has seized a thing under paragraph 19ZE of Schedule 3 to the Police Reform Act 2002.
C12C14C13C20C26C62C74C45C40C4122C41C11 Retention.
C15C36C55C33C65C56C511
Subject to subsection (4) below, anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.
C15C36C55C33C56C512
Without prejudice to the generality of subsection (1) above—
C70a
anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below—
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
anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
C15C36C55C33C49C56C513
Nothing seized on the ground that it may be used—
a
to cause physical injury to any person;
b
to damage property;
c
to interfere with evidence; or
d
to assist in escape from police detention or lawful custody,
may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.
C15C36C55C33C49C56C514
Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.
5
Nothing in this section affects any power of a court to make an order under section 1 of the M1Police (Property) Act 1897.
F56
This section also applies to anything retained by the police under section 28H(5) of the M2Immigration Act 1971.
C72C67C63C71C56C43F77
The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant.
Pt. II (ss. 8-23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I
Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1)
Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b)
Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1)
Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3)
Pt. II (ss. 8-23): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1; S.I. 2003/708, art. 2(a)(j)