Citation, commencement and extent

1. —(1) These Regulations may be cited as the Sentencing Act 2020 (Serious Violence Reduction Orders: Retention and Disposal of Seized Items) Regulations 2022 and come into force on 17th January 2023.

(2) These Regulations extend to England and Wales.

Interpretation

2. In these Regulations—

“ owner ” in relation to an item to which regulation 3 applies means the person who owns the item and can demonstrate their ownership of the item;

“ relevant officer ” means—

Retention and safe-keeping

3. —(1) This regulation applies to any item which has been seized by a constable under section 342E(4) of the Sentencing Act 2020 (power of constable to seize anything found in the course of a search if the constable reasonably suspects it to be a bladed article or an offensive weapon)( 2 ), unless it is an item of property to which the Police (Property) Regulations 1997( 3 ) apply.

(2) An item must be retained for 6 months beginning with the date on which it was seized unless, before the end of that period, a successful application has been made under regulation 4.

(3) Any item which is for the time being retained under paragraph (2) must be kept safely and, so far as possible, in the same condition as when it was seized.

Disposal to the owner

4. —(1) The owner of an item to which regulation 3 applies may, at any time within the period set out in paragraph (2) of that regulation, apply to the relevant officer for the item to be released to that person.

(2) An application under this regulation may be made orally or in writing and must be accompanied by evidence of ownership by the applicant.

(3) Where the relevant officer is satisfied that the applicant is the owner of the item concerned and that further retention of the item is not necessary for the purposes of any criminal proceedings that officer must arrange for the item concerned to be returned to the applicant.

Disposal otherwise than to the owner and destruction

5. —(1) An item to which regulation 3 applies must, subject to paragraph (2), be destroyed or otherwise disposed of in accordance with the directions of the relevant officer by the later of:

(a) the expiration of the period set out in regulation 3(2); or

(b) the determination of an unsuccessful application under regulation 4.

(2) Where further retention of such an item is, in the opinion of the relevant officer, necessary for the purposes of criminal proceedings the item must be retained until that officer is satisfied that retention is no longer necessary.

(3) Where the relevant officer is satisfied that further retention of an item is no longer necessary the item must be destroyed or otherwise disposed of in accordance with that officer’s direction.