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Statutory Instruments

2022 No. 1071

Criminal Law, England And Wales

The Sentencing Act 2020 (Serious Violence Reduction Orders: Retention and Disposal of Seized Items) Regulations 2022

Made

17th October 2022

Laid before Parliament

24th October 2022

Coming into force

17th January 2023

The Secretary of State makes these Regulations in exercise of the power conferred by sections 342F(1) and (2) of the Sentencing Act 2020( 1 ).

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—

(a)

where the constable who seized the item is a member of a police force, the chief officer of that police force;

(b)

where the constable who seized the item is a member of a body of constables other than a police force, the person who has the direction and control of that body.

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.

Jeremy Quin

Minister of State

Home Office

17th October 2022

( 1 )

2020 c. 17 . Section 342F was inserted by section 165(1) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) .

( 2 )

Section 342E was inserted by section 165(1) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) .

( 3 )

S.I. 1997/1908 . Regulation 5 was amended by the Sentencing Act 2020 (c. 17) , Schedule 24, paragraph 319.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Sentencing Act 2020 (Serious Violence Reduction Orders: Retention and Disposal of Seized Items) Regulations 2022 (2022/1071)
Version from: original only

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
owner reg. 2. def_c0058e9ee5
relevant officer reg. 2. def_52b8430122

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