Seizure and retention of property

Published by a UU��ֱ�� Corporate Crime expert

Practice notes

Seizure and retention of property

Published by a UU��ֱ�� Corporate Crime expert

Practice notes

Lawful authority to seize and retain property (subject to Legal professional privilege) following a search of premises can be achieved in a number of different ways including:

•
with a warrant under section 8 of the Police and Criminal Evidence Act 1984 (PACE 1984)
•
without a warrant on or after arrest under PACE 1984, ss 18 and 32
•
under a general power of seizure in accordance with PACE 1984, s 19
•
by retaining and sifting the property elsewhere under section 50 of the Criminal Justice and Police Act 2001 (CJPA 2001), and
•
with the consent of the owner

Seizure under a warrant Authority

Where an investigating authority is in possession of a warrant issued under PACE 1984, s 8 or Sch 1, it should use its seizure powers under the warrant as they are simple, quick and efficient. Possession may be taken of any documents (subject to legal privilege) that appear to fit the description specified in the information supporting the application to the court for a search warrant.

See Practice Note:

Jurisdiction(s):

United Kingdom

Key definition:

Retention definition

What does Retention mean?

Retention is a percentage of the sums payable by way of interim payment deducted by the employer and held until completion. Half of the retention is released on practical completion, the other half on the expiry of the defects liability period or issuance of a certificate of making good defects.

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