Part 2—Miscellaneous provisions
(3) A person exercising a power conferred by a warrant under this section may use such force as is reasonable in the circumstances for exercising that power.
(4) An article seized under the authority of a warrant issued under this section—
- (a) may be removed by a constable to such place as he thinks fit; and
- (b) must be retained there in the custody of a constable until returned or otherwise disposed of in accordance with this Act.
(5) An article to which this section applies which is seized under the authority of a warrant issued under this section on an information laid by or on behalf of the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland—
- (a) shall be liable to forfeiture; and
- (b) if forfeited, may be destroyed or otherwise disposed of by a constable in whatever manner he thinks fit.
(6) In Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers which relate to the seizure of property in bulk)—
- (a) in Part 1, at the end insert—
73H The power of seizure conferred by section 28 of the Terrorism Act 2006.”
- (b) in Part 3, at the end insert—
113 The power of seizure conferred by section 28 of the Terrorism Act 2006.”
(7) Nothing in—
- (a) the Police (Property) Act 1897 (c. 30) (property seized in the investigation of an offence), or
- (b) section 31 of the Police (Northern Ireland) Act 1998 (c. 32) (which makes similar provision in Northern Ireland),
applies to an article seized under the authority of a warrant under this section.
(8) Schedule 2 (which makes provision about the forfeiture of articles to which this section applies) has effect.
(9) In this section—
- “article” has the same meaning as in Part 1 of this Act;
- “forfeited” means treated or condemned as forfeited under Schedule 2, and “forfeiture” is to be construed accordingly;
- “premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60) (see section 23 of that Act).
(10) In the application of this section to Scotland—
- (a) in subsection (1), for the words from the beginning to “satisfied” substitute “If a sheriff, on the application of a procurator fiscal, is satisfied”;
- (b) in subsection (5) omit “on an information laid by or on behalf of the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland”;
- (c) in subsection (9), for the definition of ‘“premises” substitute—
- “‘premises’ has the same meaning as in the Terrorism Act 2000 (c. 11) (see section 121 of that Act).”