The Weekly Law Reports
[2010] 2 WLR 1138
Court of Appeal
Scopelight Ltd and others v Chief Constable of Northumbria Police Force and another
[2009] EWCA Civ 1156
2009 Oct 21;
Nov 5
Nov 5
Ward, Wilson, Leveson LJJ
Police— Search, right of— Retention of seized property— Police investigating suspected offences seizing property during execution of warrant— Crown Prosecution Service subsequently deciding not to prosecute— Private commercial organisation wishing to bring private prosecution— Whether police entitled to retain seized property— Whether retention “necessary in all the circumstances”— Whether decision of Crown Prosecution Service determinative— Guidance as to relevant circumstances—
Police and Criminal Evidence Act 1984 (c 60), s 22(1)(2)(a)