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Anti-social Behaviour, Crime and Policing Act 2014

Changes over time for: Section 37

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Anti-social Behaviour, Crime and Policing Act 2014, Section 37 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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37Surrender of propertyE+W

This section has no associated Explanatory Notes

(1)A constable who gives a person a direction under section 35 may also direct the person to surrender to the constable any item in the person's possession or control that the constable reasonably believes has been used or is likely to be used in behaviour that harasses, alarms or distresses members of the public.

(2)A direction under this section must be given in writing, unless that is not reasonably practicable.

(3)A constable who gives a person a direction under this section must (unless it is not reasonably practicable)—

(a)tell the person that failing without reasonable excuse to comply with the direction is an offence, and

(b)give the person information in writing about when and how the person may recover the surrendered item.

(4)The surrendered item must not be returned to the person before the end of the exclusion period.

(5)If after the end of that period the person asks for the item to be returned, it must be returned (unless there is power to retain it under another enactment).

(6)But if it appears to a constable that the person is under the age of 16 and is not accompanied by a parent or other responsible adult, the item may be retained until the person is so accompanied.

(7)If the person has not asked for the return of the item before the end of the period of 28 days beginning with the day on which the direction was given, the item may be destroyed or otherwise disposed of.

Commencement Information

I1S. 37 in force at 20.10.2014 by S.I. 2014/2590, art. 3(b)

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