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Counter-Terrorism Act 2008

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4Record of removalU.K.

This section has no associated Explanatory Notes

(1)A constable who removes a document under section 1 must make a written record of the removal.

(2)The record must be made as soon as is reasonably practicable and in any event within the period of 24 hours beginning with the time when the document was removed.

(3)The record must—

(a)describe the document,

(b)specify the object of the removal,

(c)where the document was found in the course of a search of a person, state the person's name (if known),

(d)where the document was found in the course of a search of any premises, state the address of the premises where the document was found,

(e)where the document was found in the course of a search of any premises, state the name (if known) of—

(i)any person who, when the record is made, appears to the constable to have been the occupier of the premises when the document was found, and

(ii)any person who, when the record is made, appears to the constable to have had custody or control of the document when it was found, and

(f)state the date and time when the document was removed.

(4)If, in a case where the document was found in the course of a search of a person, the constable does not know the person's name, the record must include a description of the person.

(5)If, in a case where the document was found in the course of a search of any premises, the constable does not know the name of a person mentioned in subsection (3)(e) but is able to provide a description of that person, the record must include such a description.

(6)The record must identify the constable by reference to the constable's police number.

(7)The following are entitled, on a request made to the constable, to a copy of the record made under this section—

(a)where the document was found in the course of a search of a person, that person; and

(b)where the document was found in the course of a search of any premises—

(i)the occupier of the premises when it was found, and

(ii)any person who had custody or control of the document when it was found.

(8)The constable must provide the copy within a reasonable time from the making of the request.

(9)If, in England and Wales or Northern Ireland, the document is found in the course of a search under a warrant, the constable must make an endorsement on the warrant stating that the document has been removed under section 1.

(10)In the application of this section in relation to the search of a vehicle, the reference to the address of the premises is to the location of the vehicle together with its registration number (if any).

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