Disposal of articles4
1
Paragraphs (2) to (5) prescribe what must or may be done by a member of staff who, under section 550ZC(1) of the 1996 Act, seizes an article specified in regulation 3.
2
In the case of tobacco and cigarette papers, the member of staff may retain or dispose of the tobacco or cigarette papers and its or their container.
3
In the case of a firework, the member of staff may retain or dispose of the firework and its container.
4
In the case of a pornographic image, the member of staff may dispose of the image unless the member of staff has reasonable grounds for suspecting that—
a
the image is an image to which section 62(2) (possession of prohibited images of children) of the Coroners and Justice Act 20095 applies; or
b
the image is an image to which section 63 (possession of extreme pornographic images) of the Criminal Justice and Immigration Act 20086 applies.
5
In the case of a pornographic image to which either paragraph (4)(a) or (b) applies, the member of staff must deliver it to a police constable as soon as is reasonably practicable.