PART 4Community protection
CHAPTER 1Community protection notices
Failure to comply with notice
I151Seizure of item used in commission of offence
1
If a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting—
a
that an offence under section 48 has been committed, and
b
that there is an item used in the commission of the offence on premises specified in the information,
the justice may issue a warrant authorising any constable or designated person to enter the premises within 14 days from the date of issue of the warrant to seize the item.
2
In this section “designated person” means a person designated by a local authority under section 53(1)(c).
3
A constable or designated person may use reasonable force, if necessary, in executing a warrant under this section.
4
A constable or designated person who has seized an item under a warrant under this section—
a
may retain the item until any relevant criminal proceedings have been finally determined, if such proceedings are started before the end of the period of 28 days following the day on which the item was seized;
b
otherwise, must before the end of that period return the item to the person from whom it was seized.
5
In subsection (4) “relevant criminal proceedings” means proceedings for an offence under section 48 in the commission of which the item is alleged to have been used.