Seizure and Retention of Property

Question 1

What covers your powers of seizure?

Answer 1

Section 19 of PACE 1984

Question 2

Section 19 of PACE 1984 covers your powers of SEIZURE. It says:

Answer 2

If lawfully on any premises, a constable may seize anything which is on the premises if he has reasonable grounds for believing that:

• it has been obtained in consequence of the commission of an offence or it is evidence to an offence, and
• it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

An easy way to remember this is CLAD

C oncealed
L ost
A ltered
D amaged or destroyed

You are not allowed to seize items subject to legal privilege such as communications between a professional legal advisor and their client.

Question 3

What covers your powers of retention?

Answer 3

Section 22 of PACE 1984

Question 4

Section 22 of PACE 1984 covers your powers of RETENTION. It says:

The possible reasons for retaining items seized are that the property is needed:

Answer 4

• for use as evidence in a trial (unless a photograph or copy would suffice)
• for forensic examination
• for further investigation
• to establish the lawful owner

Once the above reasons for retention are no longer valid then the seized property must be returned to its lawful owner.