If a constable or response officer detains or seizes an aircraft under section 316, they can keep it for as long as they think necessary to prevent danger to people or property, or to stop an offence from happening. You need to know that the constable or response officer makes this decision. The aircraft can be kept until the danger has passed.

If the police need an item as evidence for a court case, they can keep it, even if the danger has passed. They must follow the rules in the Search and Surveillance Act 2012. This Act has rules about how the police can keep items they seize.

Some parts of the Search and Surveillance Act 2012 apply when the police search, detain, or seize something under section 316. However, not all parts of the Act apply, and the police must follow the rules that do apply. The police must know which rules to follow when they exercise their powers.