Paragraph 19ZH F1

(1)

This paragraph applies to anything which—

(a)

has been seized (whether under paragraph 19ZE(2) or otherwise), and

(b)

is being retained by the F2Director General under paragraph 19ZG.

(2)

If a request for permission to be granted access to a thing to which this paragraph applies is made to the Director General by—

(a)

a person who had custody or control of the thing immediately before it was seized, or

(b)

someone acting on behalf of such a person,

the Director General must allow the person who made the request access to it under the supervision of a member of the F3Office's staff.

(3)

Sub-paragraph (4) applies if a request for a photograph or copy of a thing to which this paragraph applies is made to the Director General by—

(a)

a person who had custody or control of the thing immediately before it was seized, or

(b)

someone acting on behalf of such a person.

(4)

The Director General must either—

(a)

allow the person who made the request access to the thing under the supervision of a member of the F4Office's staff for the purpose of photographing or copying it, or

(b)

arrange for the thing to be photographed or copied.

(5)

If the Director General acts under sub-paragraph (4)(b), the Director General must supply the photograph or copy to the person who made the request within a reasonable time from the making of the request.

(6)

The Director General is not obliged to do anything in response to a request under sub-paragraph (2) or (3) if the Director General has reasonable grounds for believing that to do so would prejudice—

(a)

any investigation being carried out in accordance with this Schedule, or

(b)

any criminal or disciplinary proceedings or any inquest held under Part 1 of the Coroners and Justice Act 2009.

Annotations

Textual amendments

F1: Sch. 3 paras. 19ZE-19ZH and cross-headings inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss.20(1), 183(1)(5)(e)
F2: Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)
F3: Word in Sch. 3 para. 19ZH(2) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(8)(a); S.I. 2017/1249, reg. 2 (with reg. 3)
F4: Word in Sch. 3 para. 19ZH(4)(a) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(8)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

Notes on Schedule 3

Modifications

C1: Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))
C2: Sch. 3 applied (with modifications) by 1984 c. 55, ss. 56A-56C (as inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(1), 170(4)(c); S.I. 2023/362, reg. 3(1)(v))