Seize and sift: removing property to examine it elsewhere

Limits on them

A rule that constrains them, or a remedy you can use.

• Under s.50(3), the factors to be taken into account in considering, for the purposes of s.50, whether or not it is reasonably practicable on particular premises for something to be determined, or for something to be separated from something else, are confined to the following: how long it would take to carry out the determination or separation on those premises; the number of persons that would be required to carry out that determination or separation on those premises within a reasonable period; whether the determination or separation would (or would if carried out on those premises) involve damage to property; the apparatus or equipment that it would be necessary or appropriate to use for the carrying out of the determination or separation; and, in the case of separation, whether the separation would be likely, or if carried out by the only means that are reasonably practicable on those premises would be likely, to prejudice the use of some or all of the separated seizable property for a purpose for which something seized under the power in question is capable of being used.

  Criminal Justice and Police Act 2001, s.50(3)

  “The factors to be taken into account in considering, for the purposes of this section, whether or not it is reasonably practicable on particular premises for something to be determined, or for something to be separated from something else, shall be confined to the following— how long it would take to carry out the determination or separation on those premises; — the number of persons that would be required to carry out that determination or separation on those premises within a reasonable period; — whether the determination or separation would (or would if carried out on those premises) involve damage to property; — the apparatus or equipment that it would be necessary or appropriate to use for the carrying out of the determination or separation; and — in the case of separation, whether the separation— would be likely, or — if carried out by the only means that are reasonably practicable on those premises, would be likely, to prejudice the use of some or all of the separated seizable property for a purpose for which something seized under the power in question is capable of being used.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.51(3), the factors to be taken into account in considering, for the purposes of s.51, whether or not it is reasonably practicable, at the time and place of a search, for something to be determined, or for something to be separated from something else, are confined to the following: how long it would take to carry out the determination or separation at that time and place; the number of persons that would be required to carry out that determination or separation at that time and place within a reasonable period; whether the determination or separation would (or would if carried out at that time and place) involve damage to property; the apparatus or equipment that it would be necessary or appropriate to use for the carrying out of the determination or separation; and, in the case of separation, whether the separation would be likely, or if carried out by the only means that are reasonably practicable at that time and place would be likely, to prejudice the use of some or all of the separated seizable property for a purpose for which something seized under the power in question is capable of being used.

  Criminal Justice and Police Act 2001, s.51(3)

  “The factors to be taken into account in considering, for the purposes of this section, whether or not it is reasonably practicable, at the time and place of a search, for something to be determined, or for something to be separated from something else, shall be confined to the following— how long it would take to carry out the determination or separation at that time and place; — the number of persons that would be required to carry out that determination or separation at that time and place within a reasonable period; — whether the determination or separation would (or would if carried out at that time and place) involve damage to property; — the apparatus or equipment that it would be necessary or appropriate to use for the carrying out of the determination or separation; and — in the case of separation, whether the separation— would be likely, or — if carried out by the only means that are reasonably practicable at that time and place, would be likely, to prejudice the use of some or all of the separated seizable property for a purpose for which something seized under the power in question is capable of being used.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.52(1), where a person exercises a power of seizure conferred by s.50, it is (subject to subsections (2) and (3)) his duty, on doing so, to give to the occupier of the premises a written notice specifying what has been seized in reliance on the powers conferred by that section; specifying the grounds on which those powers have been exercised; setting out the effect of sections 59 to 61; specifying the name and address of the person to whom notice of an application under section 59(2) to the appropriate judicial authority in respect of any of the seized property must be given; and specifying the name and address of the person to whom an application may be made to be allowed to attend the initial examination required by any arrangements made for the purposes of section 53(2). Under subsection (2), where it appears that the occupier is not present but some other person present is in charge of the premises, subsection (1) has effect as if it required the notice to be given to that other person; under subsection (3), where it appears that there is no one present on the premises to whom he may give a notice, he must, before leaving the premises, instead attach a notice such as is mentioned in subsection (1) in a prominent place to the premises.

  Criminal Justice and Police Act 2001, s.52(1)-(3)

  “Where a person exercises a power of seizure conferred by section 50, it shall (subject to subsections (2) and (3)) be his duty, on doing so, to give to the occupier of the premises a written notice— specifying what has been seized in reliance on the powers conferred by that section; — specifying the grounds on which those powers have been exercised; — setting out the effect of sections 59 to 61; — specifying the name and address of the person to whom notice of an application under section 59(2) to the appropriate judicial authority in respect of any of the seized property must be given; and — specifying the name and address of the person to whom an application may be made to be allowed to attend the initial examination required by any arrangements made for the purposes of section 53(2).—Where it appears to the person exercising on any premises a power of seizure conferred by section 50— that the occupier of the premises is not present on the premises at the time of the exercise of the power, but — that there is some other person present on the premises who is in charge of the premises, subsection (1) of this section shall have effect as if it required the notice under that subsection to be given to that other person.—Where it appears to the person exercising a power of seizure conferred by section 50 that there is no one present on the premises to whom he may give a notice for the purposes of complying with subsection (1) of this section, he shall, before leaving the premises, instead of complying with that subsection, attach a notice such as is mentioned in that subsection in a prominent place to the premises.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.52(4), where a person exercises a power of seizure conferred by s.51 it is his duty, on doing so, to give a written notice to the person from whom the seizure is made, specifying what has been seized in reliance on the powers conferred by that section; specifying the grounds on which those powers have been exercised; setting out the effect of sections 59 to 61; specifying the name and address of the person to whom notice of any application under section 59(2) to the appropriate judicial authority in respect of any of the seized property must be given; and specifying the name and address of the person to whom an application may be made to be allowed to attend the initial examination required by any arrangements made for the purposes of section 53(2).

  Criminal Justice and Police Act 2001, s.52(4)

  “Where a person exercises a power of seizure conferred by section 51 it shall be his duty, on doing so, to give a written notice to the person from whom the seizure is made— specifying what has been seized in reliance on the powers conferred by that section; — specifying the grounds on which those powers have been exercised; — setting out the effect of sections 59 to 61; — specifying the name and address of the person to whom notice of any application under section 59(2) to the appropriate judicial authority in respect of any of the seized property must be given; and — specifying the name and address of the person to whom an application may be made to be allowed to attend the initial examination required by any arrangements made for the purposes of section 53(2).”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.53(1) and (2), where anything has been seized under a power conferred by section 50 or 51, it is the duty of the person for the time being in possession of the seized property in consequence of the exercise of that power to secure that there are arrangements in force which (subject to section 61) ensure: that an initial examination of the property is carried out as soon as reasonably practicable after the seizure; that that examination is confined to whatever is necessary for determining how much of the property falls within subsection (3); that anything which is found, on that examination, not to fall within subsection (3) is separated from the rest of the seized property and is returned as soon as reasonably practicable after the examination of all the seized property has been completed; and that, until the initial examination of all the seized property has been completed and anything which does not fall within subsection (3) has been returned, the seized property is kept separate from anything seized under any other power. What falls within subsection (3), including something that it will not be reasonably practicable to separate, is set out in the s.53(3) and (5) item below.

  Criminal Justice and Police Act 2001, s.53(1)-(2)

  “This section applies where anything has been seized under a power conferred by section 50 or 51.—It shall be the duty of the person for the time being in possession of the seized property in consequence of the exercise of that power to secure that there are arrangements in force which (subject to section 61) ensure— that an initial examination of the property is carried out as soon as reasonably practicable after the seizure; — that that examination is confined to whatever is necessary for determining how much of the property falls within subsection (3); — that anything which is found, on that examination, not to fall within subsection (3) is separated from the rest of the seized property and is returned as soon as reasonably practicable after the examination of all the seized property has been completed; and — that, until the initial examination of all the seized property has been completed and anything which does not fall within subsection (3) has been returned, the seized property is kept separate from anything seized under any other power.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Section 53(3) says the seized property falls within that subsection to the extent only that it is property for which the person seizing it had power to search when he made the seizure but is not property the return of which is required by section 54; that it is property the retention of which is authorised by section 56; or that it is something which, in all the circumstances, it will not be reasonably practicable, following the examination, to separate from property falling within paragraph (a) or (b). Section 53(5) says that, in that section, references to whether or not it is reasonably practicable to separate part of the seized property from the rest of it are references to whether or not it is reasonably practicable to do so without prejudicing the use of the rest of that property, or a part of it, for purposes for which (disregarding the part to be separated) the use of the whole or of a part of the rest of the property, if retained, would be lawful.

  Criminal Justice and Police Act 2001, s.53(3) and (5)

  “The seized property falls within this subsection to the extent only— that it is property for which the person seizing it had power to search when he made the seizure but is not property the return of which is required by section 54; — that it is property the retention of which is authorised by section 56; or — that it is something which, in all the circumstances, it will not be reasonably practicable, following the examination, to separate from property falling within paragraph (a) or (b).—In this section, references to whether or not it is reasonably practicable to separate part of the seized property from the rest of it are references to whether or not it is reasonably practicable to do so without prejudicing the use of the rest of that property, or a part of it, for purposes for which (disregarding the part to be separated) the use of the whole or of a part of the rest of the property, if retained, would be lawful.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.53(4), in determining for the purposes of s.53 the earliest practicable time for the carrying out of an initial examination of the seized property, due regard shall be had to the desirability of allowing the person from whom it was seized, or a person with an interest in that property, an opportunity of being present or (if he chooses) of being represented at the examination.

  Criminal Justice and Police Act 2001, s.53(4)

  “In determining for the purposes of this section the earliest practicable time for the carrying out of an initial examination of the seized property, due regard shall be had to the desirability of allowing the person from whom it was seized, or a person with an interest in that property, an opportunity of being present or (if he chooses) of being represented at the examination.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.54, if, at any time after a seizure of anything has been made in exercise of a power of seizure to which s.54 applies, it appears to the person for the time being having possession of the seized property in consequence of the seizure that the property is an item subject to legal privilege, or has such an item comprised in it, and (in a case where the item is comprised in something else which has been lawfully seized) it is not comprised in property falling within subsection (2), it is the duty of that person to secure that the item is returned as soon as reasonably practicable after the seizure. Property in which an item subject to legal privilege is comprised falls within s.54(2) if the whole or a part of the rest of the property is property falling within subsection (3) or property the retention of which is authorised by section 56, and in all the circumstances it is not reasonably practicable for that item to be separated from the rest of that property (or, as the case may be, from that part of it) without prejudicing the use of the rest of that property, or that part of it, for purposes for which (disregarding that item) its use, if retained, would be lawful.

  Criminal Justice and Police Act 2001, s.54(1)-(2)

  “If, at any time after a seizure of anything has been made in exercise of a power of seizure to which this section applies— it appears to the person for the time being having possession of the seized property in consequence of the seizure that the property— is an item subject to legal privilege, or — has such an item comprised in it, and — in a case where the item is comprised in something else which has been lawfully seized, it is not comprised in property falling within subsection (2), it shall be the duty of that person to secure that the item is returned as soon as reasonably practicable after the seizure.—Property in which an item subject to legal privilege is comprised falls within this subsection if— the whole or a part of the rest of the property is property falling within subsection (3) or property the retention of which is authorised by section 56; and — in all the circumstances, it is not reasonably practicable for that item to be separated from the rest of that property (or, as the case may be, from that part of it) without prejudicing the use of the rest of that property, or that part of it, for purposes for which (disregarding that item) its use, if retained, would be lawful.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Section 57(3) says nothing in any of sections 53 to 56 authorises the retention of any property at any time when its retention would not (apart from the provisions of this Part) be authorised by “the relevant provisions”; s.57(4) says nothing in any of the relevant provisions authorises the retention of anything after an obligation to return it has arisen under this Part.

  Criminal Justice and Police Act 2001, s.57(3)-(4)

  “Nothing in any of sections 53 to 56 authorises the retention of any property at any time when its retention would not (apart from the provisions of this Part) be authorised by the relevant provisions.—Nothing in any of the relevant provisions authorises the retention of anything after an obligation to return it has arisen under this Part.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.

  Criminal Justice and Police Act 2001, s.59(2)

  “Any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.”

  Read it at legislation.gov.ukquote checked 2026-09-08

• The s.59(3) grounds are: that there was no power to make the seizure; that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within section 54(2); that the seized property is or contains any excluded material or special procedure material which has been seized under a power to which section 55 applies, is not comprised in property falling within section 55(2) or (3), and is not property the retention of which is authorised by section 56; or that the seized property is or contains something seized under section 50 or 51 which does not fall within section 53(3); and subsections (5) and (6) of section 55 apply for the purposes of paragraph (c) as they apply for the purposes of that section.

  Criminal Justice and Police Act 2001, s.59(3)

  “Those grounds are— that there was no power to make the seizure; — that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within section 54(2); — that the seized property is or contains any excluded material or special procedure material which— has been seized under a power to which section 55 applies; — is not comprised in property falling within section 55(2) or (3); and — is not property the retention of which is authorised by section 56; — that the seized property is or contains something seized under section 50 or 51 which does not fall within section 53(3); and subsections (5) and (6) of section 55 shall apply for the purposes of paragraph (c) as they apply for the purposes of that section.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.59(4), subject to subsection (6), the appropriate judicial authority, on an application under subsection (2), shall, if satisfied as to any of the matters mentioned in subsection (3), order the return of so much of the seized property as is property in relation to which the authority is so satisfied, and, to the extent that that authority is not so satisfied, dismiss the application. The exception in s.59(6) is that on any application under s.59 the appropriate judicial authority may authorise the retention of any property which has been seized in exercise, or purported exercise, of a relevant power of seizure and would otherwise fall to be returned, if that authority is satisfied that the retention of the property is justified on grounds falling within subsection (7). Under s.59(7), those grounds are that (if the property were returned) it would immediately become appropriate to issue, on the application of the person who is in possession of the property at the time of the application under s.59, a warrant in pursuance of which, or of the exercise of which, it would be lawful to seize the property; or to make an order under paragraph 4 of Schedule 1 to the 1984 Act, paragraph 4 of Schedule 1 to the Police and Criminal Evidence (Northern Ireland) Order 1989, section 20BA of the Taxes Management Act 1970, paragraph 5 of Schedule 5 to the Terrorism Act 2000, or paragraph 3 of Schedule 2 to the National Security Act 2023, under which the property would fall to be delivered up or produced to the person mentioned in paragraph (a).

  Criminal Justice and Police Act 2001, s.59(4), (6) and (7)

  “Subject to subsection (6), the appropriate judicial authority, on an application under subsection (2), shall— if satisfied as to any of the matters mentioned in subsection (3), order the return of so much of the seized property as is property in relation to which the authority is so satisfied; and — to the extent that that authority is not so satisfied, dismiss the application.—On any application under this section, the appropriate judicial authority may authorise the retention of any property which— has been seized in exercise, or purported exercise, of a relevant power of seizure, and — would otherwise fall to be returned, if that authority is satisfied that the retention of the property is justified on grounds falling within subsection (7).—Those grounds are that (if the property were returned) it would immediately become appropriate— to issue, on the application of the person who is in possession of the property at the time of the application under this section, a warrant in pursuance of which, or of the exercise of which, it would be lawful to seize the property; or — to make an order under— paragraph 4 of Schedule 1 to the 1984 Act, — paragraph 4 of Schedule 1 to the Police and Criminal Evidence (Northern Ireland) Order 1989 — section 20BA of the Taxes Management Act 1970 (c. 9), — paragraph 5 of Schedule 5 to the Terrorism Act 2000 (c. 11), or — paragraph 3 of Schedule 2 to the National Security Act 2023, under which the property would fall to be delivered up or produced to the person mentioned in paragraph (a).”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.59(5), the appropriate judicial authority may give such directions as it thinks fit as to the examination, retention, separation or return of the whole or any part of the seized property on an application under subsection (2); on an application made by the person for the time being having possession of anything in consequence of its seizure under a relevant power of seizure; or on an application made by a person with a relevant interest in anything seized under section 50 or 51 and on the grounds that the requirements of section 53(2) have not been or are not being complied with.

  Criminal Justice and Police Act 2001, s.59(5)

  “The appropriate judicial authority— on an application under subsection (2), — on an application made by the person for the time being having possession of anything in consequence of its seizure under a relevant power of seizure, or — on an application made— by a person with a relevant interest in anything seized under section 50 or 51, and — on the grounds that the requirements of section 53(2) have not been or are not being complied with, may give such directions as the authority thinks fit as to the examination, retention, separation or return of the whole or any part of the seized property.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.60(1), where property has been seized in exercise, or purported exercise, of any power of seizure conferred by section 50 or 51, a duty to secure arises under section 61 in relation to the seized property if a person entitled to do so makes an application under section 59 for the return of the property; in relation to England, Wales and Northern Ireland, at least one of the conditions set out in subsections (2) and (3) is satisfied; in relation to Scotland, the condition set out in subsection (2) is satisfied; and notice of the application is given to a relevant person. The first condition (subsection (2)) is that the application is made on the grounds that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within section 54(2). The second condition (subsection (3)) is that the seized property was seized by a person who had, or purported to have, power under that Part to seize it by virtue only of one or more of the powers specified in subsection (6), and the application is made on the ground that the seized property is or contains something which does not fall within section 53(3) and states that the seized property is or contains special procedure material or excluded material.

  Criminal Justice and Police Act 2001, s.60(1)-(3)

  “Where property has been seized in exercise, or purported exercise, of any power of seizure conferred by section 50 or 51, a duty to secure arises under section 61 in relation to the seized property if— a person entitled to do so makes an application under section 59 for the return of the property; — in relation to England, Wales and Northern Ireland, at least one of the conditions set out in subsections (2) and (3) is satisfied; — in relation to Scotland, the condition set out in subsection (2) is satisfied; and — notice of the application is given to a relevant person.—The first condition is that the application is made on the grounds that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within section 54(2).—The second condition is that— the seized property was seized by a person who had, or purported to have, power under this Part to seize it by virtue only of one or more of the powers specified in subsection (6); and — the application— is made on the ground that the seized property is or contains something which does not fall within section 53(3); and — states that the seized property is or contains special procedure material or excluded material.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.61(1), the duty to secure is a duty of the person for the time being having possession, in consequence of the seizure, of the seized property to secure that arrangements are in force that ensure that the seized property (without being returned) is not, at any time after the giving of the notice of the application under section 60(1), either examined or copied, or put to any use to which its seizure would, apart from that subsection, entitle it to be put, except with the consent of the applicant or in accordance with the directions of the appropriate judicial authority. Under s.61(2), subsection (1) does not have effect in relation to any time after the withdrawal of the application to which the notice relates.

  Criminal Justice and Police Act 2001, s.61(1)-(2)

  “The duty to secure that arises under this section is a duty of the person for the time being having possession, in consequence of the seizure, of the seized property to secure that arrangements are in force that ensure that the seized property (without being returned) is not, at any time after the giving of the notice of the application under section 60(1), either— examined or copied, or — put to any use to which its seizure would, apart from this subsection, entitle it to be put, except with the consent of the applicant or in accordance with the directions of the appropriate judicial authority.—Subsection (1) shall not have effect in relation to any time after the withdrawal of the application to which the notice relates.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.62(1), that section applies to property, other than property which is for the time being required to be secured in pursuance of section 61, if it has been seized under any power conferred by section 50 or 51 or specified in Part 1 or 2 of Schedule 1, and it is inextricably linked property. Under s.62(2), subject to subsection (3), it is the duty of the person for the time being having possession, in consequence of the seizure, of the inextricably linked property to ensure that arrangements are in force which secure that that property (without being returned) is not at any time, except with the consent of the person from whom it was seized, either examined or copied, or put to any other use. Under s.62(3), subsection (2) does not require that the arrangements prevent inextricably linked property from being put to any use falling within subsection (4); under s.62(4), a use falls within that subsection to the extent that it is use which is necessary for facilitating the use, in any investigation or proceedings, of property in which the inextricably linked property is comprised. Under s.62(5), property is inextricably linked property for the purposes of s.62 if it falls within any of subsections (6) to (8); under s.62(6), property falls within that subsection if it has been seized under a power conferred by section 50 or 51 and, but for subsection (3)(c) of section 53, arrangements under subsection (2) of that section in relation to the property would be required to ensure the return of the property as mentioned in subsection (2)(c) of that section. Subsections (7) and (8) are not quoted here.

  Criminal Justice and Police Act 2001, s.62(1)-(6)

  “This section applies to property, other than property which is for the time being required to be secured in pursuance of section 61, if— it has been seized under any power conferred by section 50 or 51 or specified in Part 1 or 2 of Schedule 1, and — it is inextricably linked property.—Subject to subsection (3), it shall be the duty of the person for the time being having possession, in consequence of the seizure, of the inextricably linked property to ensure that arrangements are in force which secure that that property (without being returned) is not at any time, except with the consent of the person from whom it was seized, either— examined or copied, or — put to any other use.—Subsection (2) does not require that arrangements under that subsection should prevent inextricably linked property from being put to any use falling within subsection (4).—A use falls within this subsection to the extent that it is use which is necessary for facilitating the use, in any investigation or proceedings, of property in which the inextricably linked property is comprised.—Property is inextricably linked property for the purposes of this section if it falls within any of subsections (6) to (8).—Property falls within this subsection if— it has been seized under a power conferred by section 50 or 51; and — but for subsection (3)(c) of section 53, arrangements under subsection (2) of that section in relation to the property would be required to ensure the return of the property as mentioned in subsection (2)(c) of that section.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• PACE Code B para 7.7 says the Criminal Justice and Police Act 2001, Part 2 gives officers limited powers to seize property from premises or persons so they can sift or examine it elsewhere; officers must be careful they only exercise these powers when it is essential and they do not remove any more material than necessary; the removal of large volumes of material, much of which may not ultimately be retainable, may have serious implications for the owners, particularly when they are involved in business or activities such as journalism or the provision of medical services; officers must carefully consider if removing copies or images of relevant material or data would be a satisfactory alternative to removing originals; and when originals are taken, officers must be prepared to facilitate the provision of copies or images for the owners when reasonably practicable.

  PACE Code B (2023), para 7.7

  “The Criminal Justice and Police Act 2001, Part 2 gives officers limited powers to seize property from premises or persons so they can sift or examine it elsewhere. Officers must be careful they only exercise these powers when it is essential and they do not remove any more material than necessary. The removal of large volumes of material, much of which may not ultimately be retainable, may have serious implications for the owners, particularly when they are involved in business or activities such as journalism or the provision of medical services. Officers must carefully consider if removing copies or images of relevant material or data would be a satisfactory alternative to removing originals. When originals are taken, officers must be prepared to facilitate the provision of copies or images for the owners when reasonably practicable.”

  Read it at assets.publishing.service.gov.ukquote checked 2026-10-04

• PACE Code B para 7.8 says property seized under the Criminal Justice and Police Act 2001, sections 50 or 51 must be kept securely and separately from any material seized under other powers, and that an examination under section 53 to determine which elements may be retained must be carried out at the earliest practicable time, having due regard to the desirability of allowing the person from whom the property was seized, or a person with an interest in the property, an opportunity of being present or represented at the examination.

  PACE Code B (2023), para 7.8

  “Property seized under the Criminal Justice and Police Act 2001, sections 50 or 51 must be kept securely and separately from any material seized under other powers. An examination under section 53 to determine which elements may be retained must be carried out at the earliest practicable time, having due regard to the desirability of allowing the person from whom the property was seized, or a person with an interest in the property, an opportunity of being present or represented at the examination.”

  Read it at assets.publishing.service.gov.ukquote checked 2026-10-04

• PACE Code B para 7.9 says material which there is no power to retain must be separated from the rest of the seized property and returned as soon as reasonably practicable after examination of all the seized property; and para 7.9B says privileged, excluded or special procedure material (or, in the case of the National Security Act 2023, confidential material) which cannot be retained must be returned as soon as reasonably practicable and without waiting for the whole examination.

  PACE Code B (2023), paras 7.9 and 7.9B

  “Material which there is no power to retain must be:—separated from the rest of the seized property, and—returned as soon as reasonably practicable after examination of all the seized property.—privileged, excluded or special procedure material (or in the case the National Security Act 2023, confidential material) which cannot be retained must be returned:—as soon as reasonably practicable, and—without waiting for the whole examination.”

  Read it at assets.publishing.service.gov.ukquote checked 2026-10-04

• PACE Code B para 7.11 says securing involves making sure the property is not examined, copied, imaged or put to any other use except at the request, or with the consent, of the applicant or in accordance with the directions of the appropriate judicial authority.

  PACE Code B (2023), para 7.11

  “Securing involves making sure the property is not examined, copied, imaged or put to any other use except at the request, or with the consent, of the applicant or in accordance with the directions of the appropriate judicial authority.”

  Read it at assets.publishing.service.gov.ukquote checked 2026-10-04