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Section 19 PACE meaning

What does Section 19 PACE mean?
Section 19 PACE describes the police power, used in practice when officers are lawfully on premises (by warrant, statutory power or consent), to seize and remove items they reasonably believe were obtained through an offence or are evidence of an offence under investigation, where seizure is necessary to prevent concealment, loss, alteration or destruction. It is a statutory power in section 19 of the Police and Criminal Evidence Act 1984, applied routinely during searches (for example under a section 8 warrant or section 18 following arrest) to preserve evidence. Key features include: a “reasonable grounds” threshold; the necessity test; application only when lawfully on premises; and statutory protections for items subject to legal professional privilege, excluded material and special procedure material. In practice it is frequently used to seize digital devices; related powers on electronic information are found elsewhere in PACE. Seizure and retention are documented and governed by PACE Code B and section 22 (retention). Jurisdiction: Section 19 applies in England and Wales. Northern Ireland has broadly analogous seizure powers under its PACE framework. Scotland and Ireland operate under separate statutory and common law regimes; practitioners there use equivalent, not PACE, provisions.
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View the related Practice Notes about Section 19 PACE

PRACTICE NOTES
Search, Seizure and Retention of Property: Warrants, Arrest, s19, s22, CJPA 2001 s50 and Legal Professional Privilege (England and Wales)

Lawful powers to take and keep property (subject to legal professional privilege) after searching premises may arise in several ways, such as: pursuant to a warrant under section 8 of the Police and Criminal Evidence Act 1984 (PACE 1984) without a warrant, on or following arrest, under PACE 1984, ss 18 and 32 via the general power of seizure in PACE 1984, s 19 by removing property for retention and sifting at another location under section 50 of the Criminal Justice and Police Act 2001 (CJPA 2001), and with the owner’s consent Seizure under a warrant authority If investigators hold a warrant granted under PACE 1984, s 8 or Sch 1, they should rely on the warrant’s seizure powers because they are straightforward, swift and efficient. They may take possession of any documents (subject to legal privilege) that seem to match the description set out in the material supporting the court application for a search warrant. See Practice Note:...

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