The powers library24 of 59 Entry, search and seizure

General power of seizure

s.19Police and Criminal Evidence Act 1984

Lets a constable who is lawfully on any premises seize anything there that they reasonably believe is evidence of an offence or was obtained by an offence, where seizure is needed to stop it being lost or destroyed.

General power of seizure · Police and Criminal Evidence Act 1984, s.19Card 24 / 59

When you can use it

s.19(1)The constable is lawfully on the premises (for example by consent, under a warrant or under a power of entry)
The item is on the premises
s.19(2)(a)Reasonable grounds for believing it was obtained in consequence of the commission of an offence, or
s.19(3)(a)Reasonable grounds for believing it is evidence of the offence being investigated or any other offence
s.19(2)(b)/(3)(b)And reasonable grounds for believing seizure is necessary to prevent it being concealed, lost, altered or destroyed (or, under (2), damaged)
s.19(6)Not an item reasonably believed to be subject to legal privilege

What it allows

Seize anything on the premises that meets either test in s.19(2) or (3), not just items linked to why you are there.
Require electronic information accessible from the premises to be produced in a form that can be taken away and is visible and legible, on the same grounds (s.19(4)).
Photograph or copy anything you have power to seize instead of taking it (s.21(5)).
Retain what is seized so long as is necessary in all the circumstances (s.22(1)).

Key definitions

Premises – s.23: any place, including a vehicle, vessel, aircraft, hovercraft, offshore installation, renewable energy installation, tent or movable structure.
Legal privilege – s.10: communications between lawyer and client for legal advice or legal proceedings. Items held to further a criminal purpose are not privileged (s.10(2)).
Retention – s.22(2): for use as evidence at trial, for forensic examination or investigation, or to find the lawful owner of property believed to be obtained by an offence. Not for evidence or examination if a photograph or copy would do (s.22(4)).

Safeguards

Code B section 7 governs seizure and retention. Seize only where necessary to preserve the item (Code B 7.1).
On request, give the occupier, or the person who had custody or control, a record of what was seized within a reasonable time (s.21(1)–(2); Code B 7.16).
Allow supervised access, or a photograph or copy, on request unless the officer in charge reasonably believes it would prejudice an investigation or proceedings (s.21(3)–(8); Code B 7.17).
Record each item seized and, if not covered by a warrant, the grounds for seizure (Code B 8.1).

Good to know

s.19 is not a power of entry or search. It applies only once you are lawfully there.
Code B Note 7B: s.19(3) can extend to seizing a whole tent, vehicle or caravan to preserve evidence.
Items seized because they could cause injury, damage property, interfere with evidence or help an escape cannot be kept once the person is out of police detention or court custody, or bailed by the court (s.22(3)).
Where sorting material on site is not practicable, see the seize-and-sift powers in ss.50–51 Criminal Justice and Police Act 2001 (Code B 7.7–7.13).

Legislation: Police and Criminal Evidence Act 1984, s.19 (opens legislation.gov.uk in a new tab)
Who can use it: A constable lawfully on the premises
Last checked: 3 November 2026, against the current law on legislation.gov.uk

General power of seizure: questions people ask

When can the police use general power of seizure?

1. The constable is lawfully on the premises (for example by consent, under a warrant or under a power of entry) 2. The item is on the premises 3. Reasonable grounds for believing it was obtained in consequence of the commission of an offence, or 4. Reasonable grounds for believing it is evidence of the offence being investigated or any other offence 5. And reasonable grounds for believing seizure is necessary to prevent it being concealed, lost, altered or destroyed (or, under (2), damaged) 6. Not an item reasonably believed to be subject to legal privilege

Who can use general power of seizure?

A constable lawfully on the premises.

What law gives the power for general power of seizure?

Police and Criminal Evidence Act 1984, s.19.

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