PART IIIPOWERS OF ENTRY, SEARCH AND SEIZURE

Seizure etc.

RetentionC4C5C624

C1C2C71

Subject to paragraph (4), anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of Article 21 or 22 may be retained so long as is necessary in all the circumstances.

C1C2C72

Without prejudice to the generality of paragraph (1)—

a

anything seized for the purposes of a criminal investigation may be retained, except as provided by paragraph (4)—

i

for use as evidence at a trial for an offence; or

ii

for forensic examination or for investigation in connection with an offence; and

b

anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

C1C2C73

Nothing seized on the ground that it may be used—

a

to cause physical injury to any person;

b

to damage property;

c

to interfere with evidence; or

d

to assist in escape from police detention or lawful custody,

may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.

C1C2C74

Nothing may be retained for either of the purposes mentioned in paragraph (2)(a) if a photograph or copy would be sufficient for that purpose.

5

Nothing in this Article affects any power of a court to make an order underF1 section 31 of the Police (Northern Ireland) Act 1998

F26

This Article also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971.

C8F3C37

The reference in paragraph (1) to anything seized by a constable includes anything seized by a person authorised under Article 18(2) to accompany a constable executing a warrant.