Section 74 Further provision about physical evidenceI1

England, Wales and Scotland Not yet in force

(1)

This section applies in relation to an item or material obtained by an inspector under section 63 or 64 or regulations under section 70.

(2)

The inspector must, on request by the person from whom the item or material is obtained—

(a)

give a receipt for the item or material, and

(b)

in the case of a document readily capable of being copied, give a copy of it.

(3)

The item or material may be retained in the possession of the inspector for so long as the inspector considers necessary for the purposes for which it was obtained.

(4)

An inspector may for those purposes—

(a)

examine the item or material (using reasonable force if necessary), and

(b)

record (in whatever form) any information obtained from the item or material.

(5)

The Secretary of State may, by regulations, make further provision about how items or material obtained by an inspector in connection with the inspector’s functions are to be dealt with.

(6)

Such regulations may, in particular—

(a)

authorise the retention or use of an item or material for purposes other than those for which it was obtained;

(b)

authorise the delivery of an item or material to a person other than its owner;

(c)

authorise the destruction of an item or material;

(d)

make provision about the admissibility in judicial proceedings of evidence relating to an item or material;

(e)

create an offence (see further section 76);

(f)

confer jurisdiction on a court or tribunal.

Annotations

Commencement

I1: S. 74 not in force at Royal Assent, see s. 99(1)