C8C9C10Part II Powers of Entry, Search and Seizure

Annotations:
Modifications etc. (not altering text)
C8

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)

Seizure etc.

C2C3C4C5C622 Retention. C1

C71

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.

C72

Without prejudice to the generality of subsection (1) above—

a

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.

C73

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.

C74

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.

F16

This section also applies to anything retained by the police under section 28H(5) of the M2Immigration Act 1971.

F27

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.