Article 24 RetentionC1C2C3C4C5
Northern Ireland
Subject to paragraph (4), anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of Article 21 or 22 may be retained so long as is necessary in all the circumstances.
Without prejudice to the generality of paragraph (1)—
anything seized for the purposes of a criminal investigation may be retained, except as provided by paragraph (4)—
for use as evidence at a trial for an offence; or
for forensic examination or for investigation in connection with an offence; and
anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
Nothing seized on the ground that it may be used—
to cause physical injury to any person;
to damage property;
to interfere with evidence; or
to assist in escape from police detention or lawful custody,
may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.
Nothing may be retained for either of the purposes mentioned in paragraph (2)(a) if a photograph or copy would be sufficient for that purpose.
Nothing in this Article affects any power of a court to make an order underF1 section 31 of the Police (Northern Ireland) Act 1998
This Article also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971.
Annotations
Textual amendments
- F1
- F2
- F3
Art. 24(7) added (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 14(2)
Modifications
- C1
Art. 24 applied with modification(s) (1.3.2016) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) Order (Northern Ireland) 2016 (S.R. 2016/33), arts. 1(1), 5(1)
- C2
Arts. 23, 24 applied by 1994 c. 33, s. 139(10B)(b) (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in operation) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 4(9); S.I. 2018/227, art. 2(g))
- C3
Art. 24 applied (with modifications) (8.3.2018) by The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 (S.I. 2018/187), arts. 1(1), 21(4)(5) (with art. 3)
- C4
Art. 24 applied in part (with modifications) (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 3-6, 9(2), 11, Sch. 1
- C5
Art. 24 applied in part (with modifications) (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 12-15, 18(2), Sch. 2
- C6
Art. 24(1)-(4) applied (with modifications) (1.12.2007) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), arts. 3-15, Sch. 1, Sch. 2
- C7
Art. 24(1)-(4) applied (with modifications) (18.5.2009) by Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 (S.R. 2009/142), art. 3, Sch. 1, Sch. 2
- C8
Art. 24(1)-(4) applied (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 4(3); S.I. 2021/748, reg. 2(k)
- C9
Art. 24(7) applied (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 4(3); S.I. 2021/748, reg. 2(k)
- C10
Art. 24(7) applied (with modifications) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), Sch. 1 (as amended (19.3.2010) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (Amendment) Order 2010 (S.R. 2010/42), art. 2(3)(b))
Notes on the whole Order
Textual amendments
- F1
mod. by 2005 c. 2