Section 550ZC Power to seize items found during search under section 550ZAF1

A person carrying out a search under section 550ZA may seize any of the following found in the course of the search—

A person exercising the power in subsection (1) F2to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) may use such force as is reasonable in the circumstances for exercising that power.

A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.

A person who seizes a controlled drug under subsection (1)—

A person who seizes a stolen article under subsection (1)—

In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.

A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must—

A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(g) (item for which search may be made under school rules) under subsection (1) must return it to its owner, retain it or dispose of it.

In deciding what to do with an item under subsection (6A) or (6B), the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.

Subsections (6E) and (6F) apply to an item that—

The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.

Following an examination under subsection (6E), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.

In determining whether there is a good reason for the purposes of subsection (6E) or (6F), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.

Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).

A person who, under subsection (1), seizes—

must deliver it to a police constable as soon as reasonably practicable.

Subsection (8)(c) is subject to subsections (3), (4)F4, (5) and (6A) and regulations made under subsection (7).

In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.