Explanatory Notes

Courts Act 2003

2003 CHAPTER 39

20 November 2003

Commentary on Sections: Part 4

Section 56: Regulations about retention of articles

137.In conjunction with court security officers’ powers to retain an article surrendered or seized under section 55 it is important that any items so retained are suitably recorded. The person from whom the article is taken must also be provided with adequate information about the terms of retention and given notice that when an article becomes unclaimed it will be disposed of. This section provides the Lord Chancellor with a power to make regulations which include provision of written information about the powers of retention; the keeping of records; the period of retention; and the disposal of articles after this period. This section defines an unclaimed article as one that has been retained and which a person is entitled to have returned to him but which he has not requested and which has not been returned.