Psychoactive Substances Act 2016
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Change 1
43 Powers of seizure, etc
(1) A police or customs officer who is exercising the power of search conferred by section 36 may seize and detain anything found in the course of the search. (2) This subsection applies where a relevant enforcement officer— (a) is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises, or (b) is otherwise lawfully on premises. (3) Where subsection (2) applies, the officer may— (a) seize and detain or remove any item found on the premises; (b) take copies of or extracts from any document or record found on the premises. (4) A relevant enforcement officer to whom any document or record has been produced in accordance with a requirement imposed under section 42 may— (a) seize and detain or remove that document or record; (b) take copies of or extracts from that document or record. In this subsection “document” includes anything falling within paragraph (a) or (b) of section 42(3). (5) The powers under this section may only be exercised— (a) for the purposes of determining whether an offence under any of sections 4 to 9 or section 26 has been committed, or (b) in relation to an item which a relevant enforcement officer reasonably believes to be— (i) relevant evidence, or (ii) a psychoactive substance (whether or not it is relevant evidence). (6) Nothing in this section confers power on a relevant enforcement officer to seize an item which is an excluded item (see section 44).
43 Powers of seizure, etc
(1) A police or customs officer who is exercising the power of search conferred by section 36 may seize and detain anything found in the course of the search. (2) This subsection applies where a relevant enforcement officer— (a) is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises, or (b) is otherwise lawfully on premises. (3) Where subsection (2) applies, the officer may— (a) seize and detain or remove any item found on the premises; (b) take copies of or extracts from any document or record found on the premises. (4) A relevant enforcement officer to whom any document or record has been produced in accordance with a requirement imposed under section 42 may— (a) seize and detain or remove that document or record; (b) take copies of or extracts from that document or record. In this subsection “document” includes anything falling within paragraph (a) or (b) of section 42(3). (5) The powers under this section may only be exercised— (a) for the purposes of determining whether an offence under any of sections 4 to 9 or section 26 has been committed, or (b) in relation to an item which a relevant enforcement officer reasonably believes to be— (i) relevant evidence, or (ii) a psychoactive substance (whether or not it is relevant evidence). (6) Nothing in this section confers power on a relevant enforcement officer to seize an item which is an excluded item (see section 44).
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