SCHEDULES
F1SCHEDULE 3CDesignations under section 38: additional powers and duties
Powers to seize and detain: controlled drugs
5
1
A CSO or CSV may exercise the powers conferred by sub-paragraph (2) or (3) in the relevant police area.
2
If the CSO or CSV—
a
finds a controlled drug in a person's possession (whether or not the CSO or CSV finds it in the course of searching the person in the exercise of a power or duty conferred or imposed by his or her designation under section 38), and
b
reasonably believes that it is unlawful for the person to be in possession of it,
the CSO or CSV may seize it and retain it.
3
If the CSO or CSV—
a
either—
i
finds a controlled drug in a person's possession (as mentioned in sub-paragraph (2)(a)), or
ii
reasonably believes that a person is in possession of a controlled drug, and
b
reasonably believes that it is unlawful for the person to be in possession of it,
the CSO or CSV may require the person to give the CSO or CSV his or her name and address.
4
If, in exercise of the power conferred by sub-paragraph (2), the CSO or CSV seizes and retains a controlled drug, the CSO or CSV must—
a
if the person from whom it was seized maintains that he or she was lawfully in possession of it, tell the person where inquiries about its recovery may be made, and
b
comply with a constable's instructions about what to do with it.
5
A person who fails to comply with a requirement imposed under sub-paragraph (3) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
6
In this paragraph, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.
Sch. 3C inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 11; S.I. 2017/1139, reg. 2(d) (as amended by S.I. 2017/1162, reg. 2)