Crime and Security Act 2010

Searches of controlled persons

56 Persons subject to control order: powers of search and seizure

(1) In the Prevention of Terrorism Act 2005, after section 7C there is inserted—

“7D Powers of personal search and seizure

(1) A constable may—

(a) search a controlled person (in his place of residence or elsewhere) for the purpose mentioned in subsection (2);

(b) detain a person for the purpose of such a search.

(2) The purpose is—

(a) in a case where the search is carried out in connection with a journey for which the controlled person is escorted by a constable, that of ascertaining that the controlled person is not in possession of anything that could be used to threaten or harm any person;

(b) in any case, that of ascertaining whether obligations imposed by or under the control order have been, are being, or are about to be contravened.

(3) The power conferred by subsection (1) may be exercised at any time when a constable is in the presence of a controlled person (including following entry onto premises under section 7A, 7B or 7C).

(4) A constable may seize anything that he finds in the course of a search under subsection (1)—

(a) for the purpose of ascertaining whether obligations imposed by or under the control order have been, are being, or are about to be contravened;

(b) for the purpose of securing that the controlled person complies with the control order;

(c) if he has reasonable grounds for suspecting that the thing may be used to threaten or harm any person; or

(d) if he has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence; and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(5) A constable may use reasonable force for the purpose of exercising a power conferred on him by this section.

7E Retention of things seized under section 7D

(1) Anything that is seized under section 7D(4) may be—

(a) subjected to tests;

(b) retained for as long as is necessary in all the circumstances (which may be beyond the period for which the control order remains in force).

(2) In particular (and regardless of the ground on which the thing was seized)—

(a) if a constable has reasonable grounds for believing that the thing is or contains evidence in relation to an offence, it may be retained—

(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) if a constable has reasonable grounds for believing that the thing has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.

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

(4) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.”

(2) In section 1 of that Act (power to make control orders)—

(a) in subsection (4)(l) (removal following search of premises) after “tests or” there is inserted “(subject to subsections (5A) to (5C))”;

(b) after subsection (5) there is inserted—

“(5A) If a constable has reasonable grounds for believing that something removed by virtue of a requirement under subsection (4)(l) (removal following search of premises) is or contains evidence in relation to an offence, it may be seized and retained for as long as is necessary in all the circumstances (which may be beyond the period for which the control order remains in force).

(5B) In particular—

(a) the thing may be retained—

(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) if a constable has reasonable grounds for believing that the thing has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.

(5C) Nothing may be retained for either of the purposes mentioned in subsection (5B)(a) if a photograph or copy would be sufficient for that purpose.”

(3) In the Counter-Terrorism Act 2008, in section 1 (power to remove documents for examination), in subsection (1)(e), for “or 7C” there is substituted “, 7C or 7D”.