Scopelight Ltd v Chief Constable of Northumbria Police Force

Subject Matter

POLICE — Powers — Detention of evidence — Seizure of evidence — Police searching premises pursuant to search warrant — Property seized — Crown Prosecution Service deciding not to prosecute — Private company proposing to bring private prosecution — Whether police entitled to retain property lawfully seized where private prosecution being contemplated — Police and Criminal Evidence Act 1984, s 22(2)

[2009] 2 Cr App R 365

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, s 22(1)(2)(a)

[2010] QB 438; [2010] 2 WLR 1138

Appellate History