Part 2Police powers
Warrantless searches of people who are to be locked up in Police custody
13Property taken from people locked up in Police custody
All money and every item of property taken from a person under section 11 must be returned to him or her when he or she is released from custody, except for the following:
- any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person:
- any money or property whose possession may, in the opinion of a constable, constitute an offence.
Despite subsection (1), when a person described in section 11(1) is released from Police custody and is placed in the custody of another person, all money and every item of property taken from him or her under section 11 (other than money or property of a kind described in subsection (1)(a) or (b)) must, if practicable, be delivered—
- to the person into whose custody he or she is released; or
- to the person in charge of the facility, if he or she is being released from Police custody in order to be held in custody in the facility.
Subsection (1) is subject to an order made under—
- section 40 of the Policing Act 2008; or
- section 377 of the Criminal Procedure Act 2011.
Compare
- 2008 No 72 s 39