Powers of entry, search and seizure

I143Powers of seizure, etc

1

A police or customs officer who is exercising the power of search conferred by section 36 may seize and detain anything found in the course of the search.

2

This subsection applies where a relevant enforcement officer—

a

is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises, or

b

is otherwise lawfully on premises.

3

Where subsection (2) applies, the officer may—

a

seize and detain or remove any item found on the premises;

b

take copies of or extracts from any document or record found on the premises.

4

A relevant enforcement officer to whom any document or record has been produced in accordance with a requirement imposed under section 42 may—

a

seize and detain or remove that document or record;

b

take copies of or extracts from that document or record.

In this subsection “document” includes anything falling within paragraph (a) or (b) of section 42(3).

5

The powers under this section may only be exercised—

a

for the purposes of determining whether an offence under any of sections 4 to 9 or section 26 has been committed, or

b

in relation to an item which a relevant enforcement officer reasonably believes to be—

i

relevant evidence, or

ii

a psychoactive substance (whether or not it is relevant evidence).

6

Nothing in this section confers power on a relevant enforcement officer to seize an item which is an excluded item (see section 44).