HC Deb 14 May 1984 vol 60 c92

'. — (1) Documents or property (including contraband) found as a result of a search of a person or premises conducted by a constable or a person other than a constable who is charged with the duty of investigating offences or charging offenders shall not be given in evidence unless the prosecution prove beyond a reasonable doubt that the search and seizure were conducted under powers provided in this Act or elsewhere by statute which were properly authorised and properly executed.

(2) In deciding whether a power was properly authorised and properly executed the court shall consider the factual basis required for the authorisation or exercise of that power

  1. (a) such consideration will be made de novo and without regard to the decision made by the person who authorised the serach,
  2. (b) such consideration will be made only of the evidence that was available at the time of the authorisation.

(3) Where property or documents are seized by a person acting at the request of the police or other agency with a duty to investigate offences and charge offenders it shall be treated as seized by the police or by such agency, as appropriate.'.

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