Part 3

Powers of Arrest, Search and Entry
Chapter 1

Arrest etc

Search on arrest

Seizure and retention after search upon arrest
73
1
A person exercising the power conferred by section 70(1) or 71(1) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.
2
A person exercising the power conferred by section 70(2), or ordered or authorised under section 71(4), may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—
a
that the person searched might use it to assist him to escape from service custody; or
b
in the case of an arrest under section 67 or 69, that it is evidence of a service offence or has been obtained in consequence of the commission of a service offence.
3
In subsection (2) “item subject to legal privilege” has the meaning given by section 10 of PACE.
S. 73 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 73 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Pt. 3 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3