(2) The provisions are—

(a) section 17(4) to (7);

(b) section 21(4C)(e);

(c) section 22A;

(d) 5section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
apply to relevant proceedings under this Act—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) 10Section 47 of that Act (restrictions on reporting special measures directions
etc.) applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5) 15In this section “relevant proceedings under this Act” means—

(a) proceedings in England and Wales under section 17, 19, 27, 29 or 30,
and

(b) proceedings in England and Wales arising by virtue of section 18 or 28.

33 Special measures for witnesses: Northern Ireland

(1) 20Part 2 of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789S.I. 1999/2789
(N.I. 8)) (special measures directions in the case of vulnerable and intimidated
witnesses) applies to relevant proceedings under this Act as it applies to
criminal proceedings, but with—

(a) the omission of the provisions of the Order of 1999 mentioned in
25subsection (2) (which make provision only in the context of criminal
proceedings), and

(b) any other necessary modifications.

(2) The provisions are—

(a) Article 5(4);

(b) 30Article 9(4C)(e);

(c) Article 10A;

(d) Article 20.

(3) Rules of court made under or for the purposes of Part 2 of the Order of 1999
apply to relevant proceedings under this Act—

(a) 35to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) Section 47 of the Youth Justice and Criminal Evidence Act 1999 (restrictions on
reporting special measures directions etc.) applies with any necessary
modifications—

(a) 40to a direction under Article 7 of the Order of 1999 as applied by this
section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5) In this section “relevant proceedings under this Act” means—

(a) proceedings in Northern Ireland under section 17, 19, 27, 29 or 30, and

(b) proceedings in Northern Ireland arising by virtue of section 18 or 28.

34 Transfer of proceedings from youth court

(1) This section applies where—

(a) 5an individual against whom a prohibition order is sought reaches the
age of 18 while proceedings before a youth court for the making of the
order are ongoing;

(b) an individual against whom a prohibition order has been made reaches
the age of 18 while proceedings before a youth court for the variation
10or discharge of the order are ongoing;

(c) an individual against whom a prohibition order imposing an access
prohibition has been made reaches the age of 18 while proceedings
before a youth court under section 23 are ongoing.

(2) Rules of court may provide for the transfer of the proceedings from the youth
15court to—

(a) in England and Wales, a magistrates’ court;

(b) in Northern Ireland, a court of summary jurisdiction.

(3) Rules of court may prescribe circumstances in which the proceedings may or
must remain in the youth court.

20Powers of entry, search and seizure

35 Power to stop and search persons

(1) This section applies where a police or customs officer has reasonable grounds
to suspect that a person has committed, or is likely to commit, an offence under
any of sections 4 to 8 or section 25.

(2) 25The officer may—

(a) search the person for relevant evidence, and

(b) stop and detain the person for the purposes of the search.

(3) The powers conferred by this section may be exercised in any place to which
the officer lawfully has access (whether or not it is a place to which the public
30has access).

(4) In this Act—

• “police or customs officer” means—

  (a)

  a constable,

  (b)

  a general customs official, or

  (c)

  35a designated NCA officer authorised by the Director General of
  the National Crime Agency (whether generally or specifically)
  to exercise the powers of a police or customs officer under this
  Act;

• “relevant evidence” means evidence that an offence has been committed
  40under any of sections 4 to 8 or section 25.

36 Power to enter and search vehicles

(1) This section applies where—

(a) a police or customs officer has reasonable grounds to suspect that there
is relevant evidence in a vehicle, and

(b) the vehicle is not a dwelling.

(2) The officer may at any time—

(a) 5enter the vehicle and search it for relevant evidence;

(b) stop and detain the vehicle for the purposes of entering and searching
it.

(3) Where—

(a) a police or customs officer has stopped a vehicle under this section, and

(b) 10the officer considers that it would be impracticable to search the vehicle
in the place where it has stopped,

the officer may require the vehicle to be taken to such place as the officer directs
to enable the vehicle to be searched.

(4) A police or customs officer may require—

(a) 15any person travelling in a vehicle, or

(b) the registered keeper of a vehicle,

to afford such facilities and assistance with respect to matters under that
person’s control as the officer considers would facilitate the exercise of any
power conferred by this section.

(5) 20The powers conferred by this section may be exercised in any place to which
the officer lawfully has access (whether or not it is a place to which the public
has access).

(6) In this section “vehicle” does not include any vessel or aircraft.

(7) For provision conferring additional powers to enter and search vehicles, see
25section 38.

37 Power to board and search vessels or aircraft

(1) This section applies where—

(a) a police or customs officer has reasonable grounds to believe that there
is relevant evidence in or on any vessel or aircraft, and

(b) 30the vessel or aircraft is not a dwelling.

(2) The officer may at any time—

(a) board the vessel or aircraft, and

(b) search it for relevant evidence.

(3) For the purposes of exercising the power conferred by subsection (2), the
35officer may require a vessel or aircraft—

(a) to stop, or

(b) to do anything else that will facilitate the boarding of that or any other
vessel or aircraft.

(4) A police or customs officer who has boarded a vessel or aircraft may, for the
40purposes of disembarking from the vessel or aircraft, require that or any other
vessel or aircraft—

(a) to stop, or

(b) to do anything else that will enable the officer to disembark from the
vessel or aircraft.

(5) A police or customs officer may require any person on board a vessel or aircraft
to afford such facilities and assistance with respect to matters under that
person’s control as the officer considers would facilitate the exercise of any
power conferred by this section.

(6) 5For provision conferring additional powers to enter and search vessels and
aircraft, see section 38.

38 Power to enter and search premises

(1) Where a justice is satisfied that the requirements in subsection (4) are met in
relation to any premises, the justice may issue a warrant (a “search warrant”)
10authorising a relevant enforcement officer—

(a) to enter the premises, and

(b) to search them for relevant evidence.

(2) A search warrant may be issued only on the application of—

(a) a relevant enforcement officer, in England and Wales or Northern
15Ireland;

(b) a relevant enforcement officer or a procurator fiscal, in Scotland.

(3) A search warrant may be either—

(a) a warrant that relates to any premises occupied or controlled by a
person specified in the warrant (an “all-premises warrant”), or

(b) 20a warrant that relates only to premises specified in the warrant (a
“specific-premises warrant”).

(4) The requirements of this subsection are met in relation to premises if there are
reasonable grounds to suspect that—

(a) there are items on the premises that are relevant evidence, and

(b) 25in a case where the premises are specified in the application, any of the
conditions in subsection (5) is met.

(5) The conditions referred to in subsection (4)(b) are—

(a) that it is not practicable to communicate with any person entitled to
grant entry to the premises;

(b) 30that it is not practicable to communicate with any person entitled to
grant access to the items;

(c) that entry to the premises is unlikely to be granted unless a warrant is
produced;

(d) that the purpose of entry may be frustrated or seriously prejudiced
35unless a relevant enforcement officer arriving at the premises can
secure immediate entry to them.

(6) In this Act “relevant enforcement officer” means—

(a) a police or customs officer (see section 35(4)), or

(b) an officer of a local authority.

39 40Further provision about search warrants

(1) A search warrant may be executed by any relevant enforcement officer.

(2) A search warrant may authorise persons to accompany any relevant
enforcement officer who is executing it.

(3) A person authorised under subsection (2) to accompany a relevant
enforcement officer may exercise any power conferred by sections 38 to 44
which the officer may exercise as a result of the warrant.

But the person may exercise such a power only in the company of, and under
5the supervision of, a relevant enforcement officer.

(4) Schedule 2 contains further provision about search warrants.

(5) An entry on or search of premises under a search warrant is unlawful unless it
complies with the provisions of Part 2 of that Schedule (execution of search
warrants).

40 10Powers of examination, etc

(1) This section applies where a relevant enforcement officer is exercising a power
of search conferred by section 36, 37 or 38 in relation to any premises.

(2) The officer may examine anything that is in or on the premises.

(3) The officer may carry out any measurement or test of anything which the
15officer has power under this section to examine.

(4) The power conferred by subsection (3) includes power to take a sample from
any live plant.

(5) For the purpose of exercising—

(a) a power of search conferred by section 36, 37 or 38, or

(b) 20any power conferred by this section,

the officer may, so far as is reasonably necessary for that purpose, break open
any container or other locked thing.

(6) The officer may require any person in or on the premises to afford such
facilities and assistance with respect to matters under that person’s control as
25the officer considers would facilitate the exercise of—

(a) a power of search conferred by section 36, 37 or 38, or

(b) any power conferred by this section.

(7) Nothing in this section confers any power to search a person.

41 Power to require production of documents, etc

(1) 30This section applies where a relevant enforcement officer is exercising a power
of search conferred by section 36, 37 or 38 in relation to any premises.

(2) The officer may require any person in or on the premises to produce any
document or record that is in the person’s possession or control.

(3) A reference in this section to the production of a document includes a reference
35to the production of—

(a) a hard copy of information recorded otherwise than in hard copy form,
or

(b) information in a form from which a hard copy can be readily obtained.

(4) For the purposes of this section—

(a) 40information is recorded in hard copy form if it is recorded in a paper
copy or similar form capable of being read (and references to hard copy
have a corresponding meaning);

(b) information can be read only if—

(i) it can be read with the naked eye, or

(ii) to the extent that it consists of images (for example
photographs, pictures, maps, plans or drawings), it can be seen
5with the naked eye.

42 Powers of seizure, etc

(1) A police or customs officer who is exercising the power of search conferred by
section 35 may seize and detain anything found in the course of the search.

(2) This subsection applies where a relevant enforcement officer—

(a) 10is exercising a power of search conferred by section 36, 37 or 38 in
relation to any premises, or

(b) is otherwise lawfully on premises.

(3) Where subsection (2) applies, the officer may—

(a) seize and detain or remove any item found on the premises;

(b) 15take copies of or extracts from any document or record found on the
premises.

(4) A relevant enforcement officer to whom any document or record has been
produced in accordance with a requirement imposed under section 41 may—

(a) seize and detain or remove that document or record;

(b) 20take copies of or extracts from that document or record.

In this subsection “document” includes anything falling within paragraph (a)
or (b) of section 41(3).

(5) The powers under this section may only be exercised—

(a) for the purposes of determining whether an offence under any of
25sections 4 to 8 or section 25 has been committed, or

(b) in relation to an item which a relevant enforcement officer reasonably
believes to be—

(i) relevant evidence, or

(ii) a psychoactive substance (whether or not it is relevant
30evidence).

(6) Nothing in this section confers power on a relevant enforcement officer to seize
an item which is an excluded item (see section 43).

43 Excluded items

(1) This section defines what is meant by “excluded items” for the purposes of
35section 42.

(2) In England and Wales “excluded items” means—

(a) items subject to legal privilege, within the meaning of the Police and
Criminal Evidence Act 1984 (see section 10 of that Act);

(b) excluded material, within the meaning of that Act (see section 11 of that
40Act);

(c) special procedure material, within the meaning of that Act (see section
14 of that Act).

(3) In Scotland “excluded items” means items in respect of which a claim to
confidentiality of communications could be maintained in legal proceedings.

(4) In Northern Ireland “excluded items” means—

(a) items subject to legal privilege, within the meaning of the Police and
5Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341S.I. 1989/1341 (N.I.
12)) (see Article 12 of that Order);

(b) excluded material, within the meaning of that Order (see Article 13 of
that Order);

(c) special procedure material, within the meaning of that Order (see
10Article 16 of that Order).

44 Further provision about seizure under section 42

(1) Where—

(a) any items which a relevant enforcement officer wishes to seize and
remove are in a container, and

(b) 15the officer reasonably considers that it would facilitate the seizure and
removal of the items if they remained in the container for that purpose,

any power to seize and remove the items conferred by section 42 includes
power to seize and remove the container.

(2) If a container is seized under this section, reasonable efforts must be made to
20return it to—

(a) the person from whom it was seized, or

(b) (if different) a person to whom it belongs.

(3) Subsection (2) does not apply—

(a) if the container appears to be of negligible value,

(b) 25if it is not practicable for the container to be returned, or

(c) while the container is or may be needed for use as evidence at a trial for
an offence.

(4) If, in the opinion of a relevant enforcement officer, it is not for the time being
practicable for the officer to seize and remove any item, the officer may
30require—

(a) the person from whom the item is being seized, or

(b) where the officer is exercising a power of search conferred by section
36, 37 or 38 in relation to any premises, any person in or on the
premises,

35to secure that the item is not removed or otherwise interfered with until such
time as the officer may seize and remove it.

45 Notices and records in relation to seized items

(1) This section applies where a relevant enforcement officer, or a person
accompanying a relevant enforcement officer, seizes any item under section 42.

(2) 40When the item is seized, the officer must make reasonable efforts to give
written notice to each of the following persons—

(a) in the case of an item seized from a person, the person from whom the
item was seized;

(b) in the case of an item seized from premises, any person who appears to
the officer to be the occupier of the premises or otherwise to be in
charge of the premises;

(c) if the officer thinks that the item may belong to any person not falling
5within paragraph (a) or (b), that other person.

A person falling within any of paragraphs (a) to (c) is referred to in this section
as an “affected person”.

(3) If—

(a) the item is seized from premises, and

(b) 10at the time of the seizure it is not reasonably practicable to give a notice
to any affected person,

the officer must leave a copy of the notice in a prominent place on the premises.

(4) The notice must—

(a) state what has been seized and the reason for its seizure;

(b) 15specify any offence which the officer believes has been committed;

(c) explain the effect of sections 48 to 50 and 52.

(5) The officer must make a record of what has been seized.

(6) If a person who appears to a relevant enforcement officer to be an affected
person asks for a copy of that record, the officer must, within a reasonable time,
20provide a copy of that record to that person.

46 Powers of entry, search and seizure: supplementary provision

(1) A relevant enforcement officer may use reasonable force, if necessary, for the
purpose of exercising any power conferred by sections 35 to 44.

(2) A person authorised under section 39(2) to accompany a relevant enforcement
25officer may use reasonable force, if necessary, for the purpose of exercising any
power conferred by sections 38 to 44.

(3) The powers conferred on a relevant enforcement officer by any of sections 35
to 44 do not affect any powers exercisable by the officer apart from that section.

47 Offences in relation to enforcement officers

(1) 30A person commits an offence if, without reasonable excuse, the person
intentionally obstructs a relevant enforcement officer in the performance of
any of the officer’s functions under sections 35 to 44.

(2) A person commits an offence if—

(a) the person fails without reasonable excuse to comply with a
35requirement reasonably made, or a direction reasonably given, by a
relevant enforcement officer in the exercise of any power conferred by
sections 36 to 44, or

(b) the person prevents any other person from complying with any such
requirement or direction.

(3) 40In this section any reference to a relevant enforcement officer includes a
reference to a person authorised under section 39(2) to accompany a relevant
enforcement officer.

(4) A person who is guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to either or both of the
following—

(i) imprisonment for a term not exceeding 51 weeks (or 6 months,
if the offence was committed before the commencement of
5section 281(5) of the Criminal Justice Act 2003);

(ii) a fine;

(b) on summary conviction in Scotland, to either or both of the following—

(i) imprisonment for a term not exceeding 12 months;

(ii) a fine not exceeding level 5 on the standard scale;

(c) 10on summary conviction in Northern Ireland, to either or both of the
following—

(i) imprisonment for a term not exceeding 6 months;

(ii) a fine not exceeding level 5 on the standard scale.

(5) Proceedings for an offence under this section may be taken, and the offence
15may for all incidental purposes be treated as having been committed, in any
part of the United Kingdom.

Retention and disposal of items

48 Retention of seized items

(1) This section applies to any item seized under section 42.

(2) 20The item may be retained so long as is necessary in all the circumstances and
in particular—

(a) for use as evidence at a trial for an offence under this Act, or

(b) for forensic examination or for investigation in connection with an
offence under this Act.

(3) 25No item may be retained for either of the purposes mentioned in subsection (2)
if a photograph or a copy would be sufficient for that purpose.

49 Power of police, etc to dispose of seized psychoactive substances

(1) This section applies if—

(a) a police or customs officer has seized an item found during the course
30of a search under section 35, 36 or 37,

(b) the search was carried out in a place to which the officer lawfully had
access without a warrant (whether issued under this Act or under any
other enactment),

(c) the officer reasonably believes that the item is a psychoactive substance
35but is not evidence of any offence under this Act, and

(d) the officer has no reason to believe that, at the time of the seizure, the
item was being used for the purposes of, or in connection with, an
exempted activity carried on by a person entitled to the item.

(2) The officer may dispose of the item in whatever way the officer thinks is
40suitable.

(3) For the purposes of this section—

(a) an activity is an “exempted activity” in relation to a person if the
carrying on of the activity by that person would not be an offence under
this Act by virtue of regulations under section 10;

(b) the persons “entitled” to an item are—

(i) 5the person from whom it was seized;

(ii) (if different) any person to whom it belongs.

(4) In this section “enactment” includes—

(a) an enactment contained in subordinate legislation;

(b) an enactment contained in, or in an instrument made under, an Act of
10the Scottish Parliament;

(c) an enactment contained in, or in an instrument made under, a Measure
or Act of the National Assembly for Wales;

(d) an enactment contained in, or in an instrument made under, Northern
Ireland legislation.

50 15Forfeiture of seized items by court on application

(1) A relevant enforcement officer may apply to the appropriate court for the
forfeiture of an item retained under section 48.

(2) Where an application for the forfeiture of an item is made under this section,
the item is to be retained while proceedings on the application are in progress.

(3) 20If the court is satisfied that—

(a) the item is a psychoactive substance, and

(b) at the time of its seizure, the item was not being used for the purposes
of, or in connection with, an exempted activity (see subsection (12))
carried on by a person entitled to the item,

25the court must order the forfeiture of the item.

(4) If the item is not a psychoactive substance, the court may order the forfeiture
of the item if satisfied that it has been used in the commission of an offence
under this Act.

(5) Where an order for forfeiture of an item is made under subsection (3) or (4), the
30item may be disposed of in whatever way the officer who applied for the order,
or another relevant enforcement officer acting on behalf of the same person as
that officer, thinks is suitable.

(6) But the item may not be disposed of under subsection (5)—

(a) before the end of the period within which an appeal under section 51
35may be made against the order, or

(b) if such an appeal is made, before it is determined or otherwise dealt
with.

(7) If either subsection (8) or (9) applies in relation to an item, the court must order
the item to be returned to a person entitled to it.

40(For provision enabling an application for an order under this subsection to be
made, see section 52.)

(8) This subsection applies in relation to an item if the court is not satisfied that the
item—

(a) is a psychoactive substance, or

(b) 45has been used in the commission of an offence under this Act.