C1C7C8C9 Part II Powers of Entry, Search and Seizure

Annotations:
Modifications etc. (not altering text)
C1

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.

C6C12C11C13C15C17C10C14C1619C9 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.

C4C56

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.