Section 56Part 4 — Powers, Duties and Privileges of Police Officers
Retention
←→ Navigate · Click subsection badges to collapse · Press ? for help
56. (1) Subject to subsection (4), anything which has been seized by a police officer or taken away by a police officer following a requirement made by virtue of section 53 or 54 may be retained so long as necessary in all the circumstances.
Without prejudice to the generality of subsection (1) —
anything seized for the purposes of a criminal investigation may be retained —
for use at a trial for an offence; or offence; and
for forensic examination or for investigation in connection with an
anything may be retained in order to establish its lawful owner where there are reasonable grounds for believing it has been obtained in consequence of the commission of an offence.
Nothing seized on the ground that it may be used —
to damage property;
to interfere with evidence; or
to assist in escape from police detention or lawful custody, may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.
Subject to subsection (5), nothing may be retained for either of the purposes mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.
Where a police officer of at least the rank of Inspector, upon the advice of the Director of Public Prosecutions, is satisfied that despite being photographed or copied a thing should be retained for examination by the judge or jury, that thing shall be retained.
This section also applies to anything retained by the police under the Immigration (Transition) Act (2021 Revision).