Part 2Powers of seizure
Return or retention of seized property
56Property seized by constables etc.
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.