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Criminal Justice and Police Act 2001

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This is the original version (as it was originally enacted).

56Property seized by constables etc.

This section has no associated Explanatory Notes

(1)The retention of—

(a)property seized on any premises by a constable who was lawfully on the premises,

(b)property seized on any premises by a relevant person who was on the premises accompanied by a constable, and

(c)property seized by a constable carrying out a lawful search of any person,

is authorised by this section if the property falls within subsection (2) or (3).

(2)Property falls within this subsection to the extent that there are reasonable grounds for believing—

(a)that it is property obtained in consequence of the commission of an offence; and

(b)that it is necessary for it to be retained in order to prevent its being concealed, lost, damaged, altered or destroyed.

(3)Property falls within this subsection to the extent that there are reasonable grounds for believing—

(a)that it is evidence in relation to any offence; and

(b)that it is necessary for it to be retained in order to prevent its being concealed, lost, altered or destroyed.

(4)Nothing in this section authorises the retention (except in pursuance of section 54(2)) of anything at any time when its return is required by section 54.

(5)In subsection (1)(b) the reference to a relevant person’s being on any premises accompanied by a constable is a reference only to a person who was so on the premises under the authority of—

(a)a warrant under section 448 of the Companies Act 1985 (c. 6) authorising him to exercise together with a constable the powers conferred by subsection (3) of that section;

(b)a warrant under Article 441 of the Companies (Northern Ireland) Order 1986 (S.I. 1986 1032 (N.I. 6)) authorising him to exercise together with a constable the powers conferred by paragraph (3) of that Article;

(c)a warrant under section 199 of the Financial Services Act 1986 (c. 60) authorising him to exercise together with a constable the powers conferred by subsection (3) of that section;

(d)a warrant under section 43 of the Banking Act 1987 (c. 22) authorising him to exercise together with a constable the powers conferred by subsection (2) of that section; or

(e)a warrant under section 44A of the Insurance Companies Act 1982 (c. 50) authorising him to exercise together with a constable the powers conferred by subsection (3) of that section.

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