60 Cases where duty to secure arises
Criminal Justice and Police Act 2001 (2001 c 16) | Legislation

60  Cases where duty to secure arises

(1)     Where property has been seized in exercise, or purported exercise, of any power of seizure conferred by section 50 or 51, a duty to secure arises under section 61 in relation to the seized property if—

(a)     a person entitled to do so makes an application under section 59 for the return of the property;

(b)     in relation to England, Wales and Northern Ireland, at least one of the conditions set out in subsections (2) and (3) is satisfied;

(c)     in relation to Scotland, the condition set out in subsection (2) is satisfied; and

(d)     notice of the application is given to a relevant person.

(2)     The first condition is that the application is made on the grounds that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within section 54(2).

(3)     The second condition is that—

(a)     the seized property was seized by a person who had, or purported to have, power under this Part to seize it by virtue only of one or more of the powers specified in subsection (6); and

(b)     the application—

(i)

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