C1Part 2 Powers of seizure
Remedies and safeguards
61 The duty to secure
1
The duty to secure that arises under this section is a duty of the person for the time being having possession, in consequence of the seizure, of the seized property to secure that arrangements are in force that ensure that the seized property (without being returned) is not, at any time after the giving of the notice of the application under section 60(1), either—
a
examined or copied, or
b
put to any use to which its seizure would, apart from this subsection, entitle it to be put,
except with the consent of the applicant or in accordance with the directions of the appropriate judicial authority.
2
Subsection (1) shall not have effect in relation to any time after the withdrawal of the application to which the notice relates.
3
Nothing in any arrangements for the purposes of this section shall be taken to prevent the giving of a notice under section 49 of the Regulation of Investigatory Powers Act 2000 (c. 23) (notices for the disclosure of material protected by encryption etc.) in respect of any information contained in the seized material; but subsection (1) of this section shall apply to anything disclosed for the purpose of complying with such a notice as it applies to the seized material in which the information in question is contained.
4
Subsection (9) of section 59 shall apply in relation to any jurisdiction conferred on the appropriate judicial authority by this section as it applies in relation to the jurisdiction conferred by that section.
Pt. 2 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 para. 24(a); S.I. 2002/2750, art. 2
Pt. 2 extended (N.I.) (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), ss. 30, 31, Sch. 2 Pt. 1 para. 10(1)(a)