Scopelight Ltd and Ors v Chief of Northumbria Police and FACT [2009] EWCA Civ 1156 - S 22 PACE – ECHR - A1P1 - (s 107 CDPA) - s 42 SCA - s 6(2) POA.
- seized property ... “may be retained so long as is necessary in all the circumstances”.
1) police may retain property, seized under s 22 PACE, to assist a private body to bring own prosecution.
2) right to peaceful enjoyment of possessions.
- balanced decision under s 22 PACE is consistent with A1P1.
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Related case digests
- R v Milton Keynes Magistrates' Court ex p. Roberts [1995] Crim LR 224.
- abuse of process. - not improper for P to rely on private resources and indemnity in investigating offence. - subsequent prosecution is not abuse of process if P made own decision to prosecute.