Article 9 Retention of seized items

(1)

The retention of property seized in exercise of a power of seizure conferred by—

(i)

article 3 or 4;

(ii)

Part 2 of the 2001 Act; or

(iii)

the 2003 Order

is authorised by this article if the property falls within paragraph (2) or (3).

(2)

Property falls within this paragraph to the extent that there are reasonable grounds for believing—

(a)

that it is property obtained in consequence of the commission of a service offence; and

(b)

that it is necessary for it to be retained in order to prevent its being concealed, lost, damaged, altered or destroyed.

(3)

Property falls within this paragraph to the extent that there are reasonable grounds for believing—

(a)

that it is evidence in relation to any service offence; and

(b)

that it is necessary for it to be retained in order to prevent its being concealed, lost, altered or destroyed.

(4)

Nothing in this article authorises the retention (except in pursuance of article 7(2)) of anything at any time when its return is required by article 7.