Police and Criminal Evidence Act 1984, section 19

General power of seizure etc

Part II Powers of Entry, Search and Seizure

(1)The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.

(2)The constable may seize anything which is on the premises if he has reasonable grounds for believing—

(a)that it has been obtained in consequence of the commission of an offence; and

(b)that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(3)The constable may seize anything which is on the premises if he has reasonable grounds for believing—

(a)that it is evidence in relation to an offence which he is investigating or any other offence; and

(b)that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.

(4)The constable may require any information which is [F88stored in any electronic formF88] and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible [F89or from which it can readily be produced in a visible and legible formF89] if he has reasonable grounds for believing—

(a)that—

(i)it is evidence in relation to an offence which he is investigating or any other offence; or

(ii)it has been obtained in consequence of the commission of an offence; and

(b)that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.

(5)The powers conferred by this section are in addition to any power otherwise conferred.

(6)No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after this Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.

Definitions used in section 19 1

premises

“premises” has the meaning assigned to it by section 23 above;

Defined in s.118(1) · see it in the full Act

“premises” includes any place and, in particular, includes—

(a)

any vehicle, vessel, aircraft or hovercraft;

(b)

any offshore installation;

(ba)

any renewable energy installation;

(c)

any tent or movable structure; . . .

Defined in s.23 · see it in the full Act

Cases considering section 19 45

Regina v Commissioner of Police for the Metropolis, Ex p Rottman

[2002] UKHL 20 · 16 May 2002Interprets

Section 19 did not provide a statutory basis for seizing evidence of the foreign offence. Its preservation of powers otherwise conferred supported the conclusion that PACE had not abolished the common-law power. (see paras [65]-[67]; [75]) The phrase concerning evidence of an offence being investigated, or any other offence, was construed as referring only to domestic offences. It could not authorise seizure of evidence of the extradition crime. (see paras [67]-[68]; [88]) The express preservation of powers otherwise conferred was relevant to the conclusion that PACE did not extinguish the common-law search and seizure power. (see para [75])

Scopelight Ltd & Ors v Chief of Police for Northumbria & Anor

[2009] EWCA Civ 1156 · 5 November 2009Interprets

The court used the general powers of seizure in section 19 to identify the statutory purposes informing later retention under section 22. (see paras [20]-[21]; [30]) The court described the power to seize property believed to have been obtained through an offence where seizure is necessary to prevent concealment, loss, damage, alteration or destruction. (see para [20]) The reference to evidence concerning an offence being investigated or any other offence demonstrated that seizure is not confined to the offence that prompted the warrant. That breadth informed the construction of section 22. (see paras [20]-[21]; [30]) The court treated the power to require accessible electronic information as extending to evidence relating to the investigated offence or any other offence. This supported the breadth of the statutory seizure regime. (see para [20])

R Cruickshank Limited v Chief Constable of Kent County Constabulary

[2002] EWCA Civ 1840 · 13 December 2002Interprets

Sets out the power to seize property on premises where the constable reasonably believes that it was obtained through an offence and seizure is necessary to prevent concealment, loss, damage, alteration or destruction. The judgment treated satisfaction of these conditions as central to the pleaded challenge to the seizures. (see discussion of section 19) Sets out the alternative power to seize property reasonably believed to be evidence of an offence where seizure is necessary to prevent concealment, loss, alteration or destruction. The judgment identified these statutory requirements as part of the unresolved allegations concerning the lawfulness of the Prado seizure. (see discussion of section 19)

25 more judgments, and what each says about section 19, are in the case-law panel in the full Act.

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F88Words in s. 19(4) substituted (1.4.2003) by 2001 c. 16, ss. 70, 138(2) Sch. 2 Pt. II para. 13(1)(a)(2)(a); S.I. 2003/708, art. 2(k)
  2. F89Words in s. 19(4) inserted (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. II para 13(1)(b)(2)(a); S.I. 2003/708, art. 2(k)

Modifications

  1. C148Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
  2. C149S. 19 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 19(a); S.I. 2002/2750, art. 2(a)(ii)(d)
  3. C150S. 19 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
  4. C151S. 19 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  5. C152S. 19 extended (with modifications) by 2002 c. 30, Sch. 4 para. 2B(a)-(c) (as inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 10 para. 4 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 22)
  6. C153S. 19 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  7. C154S. 19 applied by 1994 c. 33, s. 139(10A)(a) (as inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 4(9))
  8. C155S. 19 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(j), Sch.
  9. C156S. 19 applied by 1994 c. 33, s. 139(10A)(a) (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 4(9); S.I. 2018/227, art. 2(g))
  10. C157S. 19 applied (with modifications) (1.4.2018) by The Welsh Revenue Authority (Powers to Investigate Criminal Offences) Regulations 2018 (S.I. 2018/400), regs. 1(2), 3(1)(3), Sch. (with regs. 4-8)
  11. C158S. 19 applied (with modifications) (1.5.2025) by The Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994 (Application to Food Crime Officers) Regulations 2025 (S.I. 2025/300), regs. 1(1), 2-6
  12. C159S. 19 applied (with modifications) (1.4.2026) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 7, 109(1), Sch. 1 (with ss. 72, 105); S.I. 2026/371, reg. 2(a)
  13. C160S. 19 applied (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(j), Sch. paras. 1-10
  14. C161S. 19(4) modified (1.4.2003) by 2001 c. 16, ss. 63, 138(2); S.I. 2003/708, art. 2(a)
  15. C162S. 19(6) excluded (1.4.2003) by 2001 c. 16, ss. 50 (2)(4)-(6), 138(2); S.I. 2003/708, art. 2(a)
  16. C163S. 19(6) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(f); S.I. 2002/2750, art. 2(a)(ii)(d)