VICIn ForceAct
Summary Offences Act 1966
6GSeizure of container or other thing
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6G Seizure of container or other thing
(1) A police officer may seize a container of a substance, or another thing, if—
(a) the police officer believes on reasonable grounds that a person will imminently commit an offence against section 6F using the substance or the thing; and
(b) in the case of a container or other thing that is in a person's possession—
(i) the police officer has informed that person that the police officer holds the belief referred to in paragraph (a); and
(ii) the police officer has asked the person who possesses the container or other thing to hand it over; and
(iii) the police officer has warned the person that the police officer may seize the thing or container and may use reasonable force to do so.
(2) A police officer may seize a thing (other than a container of a substance) if—
(a) a person is locked or otherwise secured using that thing to another person, or to a surface or other thing; and
(b) the police officer believes on reasonable grounds that this is the result of the commission of an offence against section 6F; and
(c) the police officer has informed the person who is locked or otherwise secured that the police officer holds the belief referred to in paragraph (b); and
(d) the police officer has asked that person to hand the thing over (whether or not this may require breaking, unlocking or otherwise modifying or operating the thing); and
(e) the police officer has warned the person that the police officer may seize the thing and may use reasonable force to do so.
(3) A police officer may seize a container of a substance if—
(a) a person is locked or secured to another person, or to a surface or other thing, using the substance; and
(b) the police officer believes on reasonable grounds that this is the result of the commission of an offence against section 6F; and
(c) the police officer has informed the person who is locked or otherwise secured that the police officer holds the belief referred to in paragraph (b); and
(d) the police officer has asked that person to hand the container over; and
(e) the police officer has warned the person that the police officer may seize the container and may use reasonable force to do so.
(4) If it is necessary for a police officer to use reasonable force to seize the container or other thing, the police officer may do so.
(5) Without limiting subsection (4), when seizing a thing other than a container, if it is necessary to break, unlock or otherwise modify or operate the thing in order to seize it, the police officer may do so.
(6) If the person hands the container or other thing over when asked to do so under subsection (1)(b)(ii), (2)(d) or (3)(d), the container or other thing is taken to have been seized under subsection (1), (2) or (3) (as the case requires).
(7) Nothing in this section authorises the police officer to search a person or to seize anything that is not fully or partially visible immediately before it is seized.
Sections 60B to 60E relate to the collection or forfeiture of things seized under this section.
New s. 6H inserted by No. 55/2025 s. 80.