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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 28 June 2022 - onwards
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43E. Seizure and retention of items found in search under section 43C or 43D.

(1) This section applies where a constable carries out -

(a) a search of a terrorist offender under section 43C(1),

(b) a search of a vehicle, or anything in or on a vehicle, under section 43C(5), or

(c) a search of premises further to a warrant issued under section 43D.

(2) A constable may seize anything that the constable finds in the course of the search if -

(a) the constable reasonably suspects that -

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed, or

(b) the constable reasonably believes that it is necessary to do so for the purpose of ascertaining -

(i) whether the offender has breached a condition of the offender’s licence, and

(ii) if so, whether the breach affects the risk of terrorism to which members of the public are exposed.

(3) Anything seized under subsection (2) may be -

(a) subjected to tests;

(b) retained for as long as is necessary in

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