249Authorised person may seize and secure things found during search of person

249 Authorised person may seize and secure things found during search of person

(1) An authorised person may seize a thing found as a result of a search if the authorised person is reasonably satisfied that the thing presents a danger to the health and safety of the person or another person.

(2) If a thing is seized under subsection (1), the authorised person must make a written record that—

(a) specifies the thing seized; and

(b) specifies the name of the person from whom the thing was seized; and

(c) specifies the date on which the thing was seized; and

(d) includes any other prescribed details.

(3) The authorised person must securely store any thing seized under subsection (1) unless the thing is referred to in subsection (4).

(4) The authorised person must give a thing seized under subsection (1) to a police officer as soon as practicable after the thing is seized if—

(a) the thing is a controlled weapon, dangerous article or prohibited weapon within the meaning of the Control of Weapons Act 1990; or

(b) the thing is a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 or a substance, material, document or equipment used for the purpose of trafficking in a drug of dependence within the meaning of that Act; or

(c) the thing is a firearm within the meaning of the Firearms Act 1996; or

(d) the authorised person reasonably believes the thing would present a danger to the health and safety of the person or another person if the thing were returned to the person.

(5) The authorised person must take reasonable steps to return any thing stored under subsection (3) to the person from whom it was seized when the reason for the seizure of the thing no longer applies.

Part 5.6—Use of bodily restraint on person taken into care and control