SCHEDULES
SCHEDULE 3Border security
PART 1Powers
14Retention of property
1
This paragraph applies where—
b
the examining officer who retained the article considers that the urgency condition is met in relation to the article.
2
The urgency condition is met in relation to an article if—
a
there is an urgent need for the article to be examined or otherwise used for the purpose of preventing—
i
the carrying out of a hostile act, or
ii
death or significant injury,
or for the purpose of mitigating the risk of any such act, death or injury occurring, and
3
The examining officer may apply to a senior officer for authorisation to continue to retain and use the article.
4
An application under sub-paragraph (3) in relation to an article may be made only to a senior officer who has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken.
5
A senior officer may grant an authorisation under this paragraph for the retention and use of the article if satisfied—
a
that there are reasonable grounds for considering that the urgency condition is met in relation to the article, and
b
in the case of an article that consists of or includes confidential material, that—
i
arrangements are in place that are sufficient for ensuring that the material is retained securely, and
ii
the material will be used only so far as necessary and proportionate for a purpose mentioned in sub-paragraph (2)(a).
6
An authorisation under this paragraph—
a
must be recorded in writing;
b
may be granted subject to whatever conditions the senior officer thinks appropriate.
7
8
In this paragraph—
“confidential material” has the meaning given by paragraph 12(10) and (11);
“senior officer” means—
- a
where the examining officer is a constable, another constable of at least the rank of superintendent,
- b
where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and
- c
where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.
- a