Situation Power of Authorised Officer Notes and Procedural Requirements Section 177: An authorised Does not apply to officer has seized Authorised officer must give a receipt seizure pursuant a thing or has in the form approved by their council to to search warrants - taken a sample the person in charge of the thing or the only seizure in of or from a thing premises from which it was taken. accordance with at the premises s. 175. The receipt must: · identify the authorised name; officer’s · identify the thing seized or sample taken; · state the reason why the thing was seized or the sample was taken; and · include anything else that must be on the approved form. If authorised officer cannot give a receipt to a person, the authorised officer must leave the receipt in a conspicuous position and in a reasonably secure way (e.g. leave in letterbox) or send the receipt to the occupier of the premises. Appendix 2 is a sample receipt for a seized thing or sample taken. Section 178: An authorised Does not apply to officer retains Authorised officer must give the person search warrants. possession of a a copy of the document seized within 21 days of seizure and the authorised document seized from a person officer must certify it as being correct copy. Section 179(1): Document or Does not apply to thing has been seized, but reason Authorised Officer must take reasonable search warrants. for its seizure no steps to return document or thing to longer exists person it was seized from. · the Court makes an Document or Section 179(2): Magistrates’ thing has been Authorised officer must take reasonable order steps to return seized document or thing seized and has under s. 180 extending the period not been returned within 3 months of seizure unless: for within 3 months which the document or thing can be · legal proceedings related to the of seizure seized. purpose for which the document because it is or thing was seized have been still needed commenced, but have not been Does not apply to completed yet; or search warrants. Public Health and Wellbeing Act 2008 - Guidance Manual 69
Situation An authorised officer has seized a thing or has taken a sample of or from a thing at the premises An authorised officer retains possession of a document seized from a person Document or Power of Authorised Officer and Procedural Requirements Section 177: Authorised officer must give a receipt in the form approved by their council to the person in charge of the thing or the premises from which it was taken. The receipt must: · identify the authorised officer’s name; · identify the thing seized or sample taken; · state the reason why the thing was seized or the sample was taken; and · include anything else that must be on the approved form. If authorised officer cannot give a receipt to a person, the authorised officer must leave the receipt in a conspicuous position and in a reasonably secure way (e.g. leave in letterbox) or send the receipt to the occupier of the premises. Appendix 2 is a sample receipt for a seized thing or sample taken. Section 178: Authorised officer must give the person a copy of the document seized within 21 days of seizure and the authorised officer must certify it as being correct copy. Section 179(1): Notes Does not apply to seizure pursuant to search warrants - only seizure in accordance with s. 175. Does not apply to search warrants. Does not apply to thing has been seized, but reason for its seizure no longer exists Authorised Officer must take reasonable search warrants. steps to return document or thing to person it was seized from. Document or thing has been seized and has not been returned within 3 months of seizure because it is still needed Section 179(2): Authorised officer must take reasonable steps to return seized document or thing within 3 months of seizure unless: · legal proceedings related to the purpose for which the document or thing was seized have been commenced, but have not been completed yet; or · the Magistrates’ Court makes an order under s. 180 extending the period for which the document or thing can be seized. Does not apply to search warrants. Public Health and Wellbeing Act 2008 - Guidance Manual 69
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