The powers library25 of 59 Entry, search and seizure

Seize and sift

ss.50–51Criminal Justice and Police Act 2001

Lets an officer who is already lawfully searching take items away to sort through elsewhere when it is not reasonably practicable to work out on the spot what can be seized, or to separate it from other material.

Seize and sift · Criminal Justice and Police Act 2001, ss.50–51Card 25 / 59

When you can use it

s.50Lawfully on the premises, or s.51: carrying out a lawful search of a person
The underlying power of seizure is one listed in Sch.1 (Part 1 for premises, Part 2 for persons)
s.50(1)/51(1)Finds something you have reasonable grounds to believe may be, or may contain, something you are authorised to search for
You would be entitled to seize that thing if you found it
It is not reasonably practicable to decide there and then whether, or how far, it is seizable
s.50(2)/51(2)Or the seizable item is part of something you cannot seize, and it is not reasonably practicable to separate them there
s.50(3)/51(3)Reasonably practicable is judged only on time, staff needed, damage, equipment, and whether separating would spoil the evidence

What it allows

Under (1), remove so much as is necessary to let the sifting be done elsewhere, such as a laptop, phone or box of papers.
Under (2), seize both the seizable material and the thing it is bound up with, such as a hard drive holding relevant and irrelevant files.
s.51 does the same at the time and place of a search of a person.

Key definitions

Listed powers – Sch.1 Part 1 covers PACE Parts 2 and 3 (warrants, s.18, s.19, s.32) and others such as s.23 Misuse of Drugs Act 1971. Part 2 covers PACE Part 3 (search on arrest), s.23(2) Misuse of Drugs Act 1971 and s.46 Firearms Act 1968.
Seize – s.63: includes taking a copy.
Legal privilege – s.50(4): the PACE s.19(6) bar on seizing privileged items does not apply to the power in subsection (2).

Safeguards

Give a written notice to the occupier or person searched: what was seized, the grounds, the effect of ss.59–61, and names and addresses for applications and for attending the examination. If nobody is present, fix it in a prominent place (s.52; Code B 7.12–7.13).
Use the power only when essential and take no more than necessary. Consider copies or images first (Code B 7.7).
Keep the material separate from anything seized under other powers. Examine it as soon as reasonably practicable, and allow interested people to attend (s.53; Code B 7.8).
Return anything not retainable as soon as reasonably practicable. Privileged, excluded and special procedure material must be returned unless it cannot reasonably be separated (ss.53–55; Code B 7.9–7.9B).
Anyone with a relevant interest can apply to a Crown Court judge for return (ss.59, 64). Where the application claims legal privilege, or excluded or special procedure material, the material must be secured and not examined or used until it is decided (ss.60–61; Code B 7.10–7.11).

Good to know

It is not a search power. You need an existing lawful search and seizure power first.
PACE s.1 stop and search is not listed in Sch.1 Part 2, so s.51 does not attach to it.
After a premises search, record what was seized and the grounds in the search record (Code B 8.1).

Legislation: Criminal Justice and Police Act 2001, ss.50–51 (opens legislation.gov.uk in a new tab)
Who can use it: A person lawfully searching under a listed power (usually a constable)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Seize and sift: questions people ask

When can the police use seize and sift?

1. Lawfully on the premises, or s.51: carrying out a lawful search of a person 2. The underlying power of seizure is one listed in Sch.1 (Part 1 for premises, Part 2 for persons) 3. Finds something you have reasonable grounds to believe may be, or may contain, something you are authorised to search for 4. You would be entitled to seize that thing if you found it 5. It is not reasonably practicable to decide there and then whether, or how far, it is seizable 6. Or the seizable item is part of something you cannot seize, and it is not reasonably practicable to separate them there 7. Reasonably practicable is judged only on time, staff needed, damage, equipment, and whether separating would spoil the evidence

Who can use seize and sift?

A person lawfully searching under a listed power (usually a constable)

What law gives the power for seize and sift?

Criminal Justice and Police Act 2001, ss.50–51.

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