Page 68 - tmp

General

An officer who is searching any person or premises under any A friend, neighbor or other person must be allowed to witness the
statutory power or with the consent of the occupier may seize search if the occupier wishes unless the officer in charge of the
anything: - search has reasonable grounds for believing the presence of the
person
(a) covered by a warrant asked would seriously hinder the investigation or endanger officers
(bl the officer has reasonable grounds for believing is evidence or other people. A search need not be reasonably delayed for this
of an offence or has been obtained in consequence of the purpose (Codes of Practice. Code B. Para 6.11).
commission of an offence but only if seizure is necessary to
prevent the items being concealed, lost, disposed of, If any of your property is kept by the police you are entitled, on
altered, damaged, destroyed or tampered with request, to be provided with a list or description of the property within
(c) covered by the powers in Part 2, Criminal Justice and a reasonable time. Such applications may be made either at the

Police Act 2001 which allows an officer to seize property from police station shown on the front of this notice or to the address
persons or premises and, in certain circumstances, retain it shown below (Codes of Practice. Code B. Para 7.16).
for sifting or examination elsewhere (Codes of Practice. Code
If you wish, you or your representative will be allowed supervised
B. Para 7.1). If property is seized under this power you will access to your property
be issued with a notice explaining your rights under the Act. so that you can examine it or have it
g
y
Instead of seizin property an officer ma require that the photographed or copied. Alternatively, you may be provided with a
photograph or copy. In either case you are responsible for the cost.
holder of the property retains it. If the holder then disposes Access will not be allowed if the officer in charge of the investigation
y
of it he ma be liable to civil or criminal proceedings (taken believes that this would:
from Codes of Practice. Code B. Para 7.41. (a) prejudice the investigation of any offence or criminal
proceedings; or
(bl lead to the commission of an offence by providing access to
unlawful material such as pornography.
(Codes of Practice. Code B. Para 7.17.)

Items subject to legal privilege Search with Consent
Consent to a search must. if practicable, be given in writing on the
g
y
No item ma be seized which an officer has reasonable rounds for front of this notice. Where consent is withdrawn before the search is

believing to be subject to legal privilege, as defined in PACE, section
10, other than under the Criminal Justice and Police Act 2001, Part complete, the search must stop (Codes of Practice. Code B. Para's
2 (Codes of Practice. Code B. Para 7.2). 5.1 & 5.3).
Search with Warrant

A copy of the search warrant should, if practicable, be given to tt1e
occupier before the search begins.

Photographing and copying Compensation for Damage

An officer may photograph or copy or have photographed or copied Compensation may be payable in appropriate cases for damage
any document which has power to seize (Codes of Practice. Code caused in entering and searching premises. An application for
B. Para 7.5). compensation may be made either at the police station shown on
the front of this notice or to:
The Commissioner of Police for the Metropolis New
Scotland Yard
Broadway
LONDON SW1H OBG
Information stored in electronic form (Codes of Practice. Code B. Para 6.7.)

If an officer considers that information stored in any electronic form THE CODES OF PRACTICE ISSUED UNDER THE POLICE AND
could be used in evidence, he may require it to be produced in a CRIMINAL EVIDENCE ACT 1984 ARE AVAILABLE AT ANV
legible form so that it can be taken away (Codes of Practice. Code
B. Para 7.6). POLICE STATION.
67