POLICE GENERAL POWERS of SEIZURE and RETENTION

Power to Seize Property

Section 19 of the Police and Criminal Evidence Act (PACE) states that an officer lawfully on premises may seize any item which he reasonably suspects is evidence of any offence, or which he suspects has been obtained in the consequence of an offence

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Points to Note

•The police may seize items from you on demos – eg camcorders – even though you have not been arrested, if they reasonably suspect that they contain evidence in relation to an offence. So make sure to get rid of any video or photographic evidence which you think the police may use against activists.
•If the police are searching your house, they can seize items even though they were not specifically looking for them.
•“Premises” is defined so as to include any place and includes vehicles or movable structures such as tents.
•The police must be lawfully on your premises in order to exercise the Section 19 power. If you invited the police in to your house to discuss an issue, they would be lawfully on your property and therefore potentially able to exercise the power to seize property.

Power to Retain Property

Under Section 22 PACE the police may retain any items seized “for as long as is necessary in all the circumstances”.
•The section does not further elaborate, and this power has been abused by the police to keep hold of peoples’ property for lengthy periods while they say they are investigating other matters.
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