Part 2: Police Complaints, Discipline and Inspection Chapter 1: Police Complaints Section 20: Investigations by IPCC: powers of seizure and retention
Subsection (1) inserts new paragraphs 19ZE to 19ZH into Schedule 3 to the 2002 Act, which confer additional powers on the IPCC to seize and retain evidence.
	New paragraph 19ZE provides the IPCC with the power to seize items which may have evidential value relating to the IPCC’s investigations. Sub-paragraph (1) permits these powers to be exercised by anyone suitably designated to undertake an IPCC investigation. Sub-paragraph (2) permits the designated person to seize any item which they have reasonable grounds to believe may relate to the investigation of a conduct or other matter being investigated, and which is necessary to secure to prevent it being concealed, lost, altered or destroyed. Sub-paragraph (3) enables the designated person to request digital information. Sub-paragraph (4) prevents the designated person from seizing material which is legally privileged. Sub-paragraph (5) links the exercise of these powers to those in PACE. Sub-paragraph (6) aligns the definition of premises with that in PACE.
	New paragraph 19ZF places a responsibility on the designated person to notify the owner of the details of those items seized under paragraph 19ZE, as stated in sub-paragraph (1). Sub-paragraph (2) requires that a notice be provided if requested by the occupier of the premises from where the object was seized or the person who had custody/control immediately before seizure. Sub-paragraph (3) requires the notice to state what was seized and the reason for its seizure. Sub-paragraph (4) requires that this notice be given in "reasonable time", and links the definition of designated person to that given in paragraph 19ZE(1).
	New paragraph 19ZG provides the IPCC with the ability to retain evidence it seizes under the powers given in paragraph 19ZE. Sub-paragraph (1) provides that the power of retention applies to any item seized under paragraph 19ZE or otherwise in the lawful possession of the IPCC. Sub-paragraph (2) enables the IPCC to retain the items for as long as is necessary to complete criminal or disciplinary proceedings, or an inquest, except where an image or copy of the item would suffice for the purposes of the IPCC’s investigation, as set out in sub-paragraph (3).
	New paragraph 19ZH provides for the owner of items seized and retained to access their property. Sub-paragraph (1) provides for supervised access to any items seized by the IPCC under paragraph 19ZE or retained under paragraph 19ZG. Sub-paragraph (2) permits the owner of items seized and retained by the IPCC to access their property under supervision, with sub-paragraphs (3) and (4) requiring that the IPCC permit them to copy or photograph the items seized or retained, or to provide them with a copy or photograph. Sub-paragraph (5) requires that the IPCC provide the copy or photograph to the owner within a reasonable time. However, sub-paragraph (6) exempts the IPCC from requirements for access or copying if they have reasonable grounds to believe that to do so would prejudice proceedings.
	Subsection (2) makes a consequential amendment to the PACE exempting IPCC-designated persons from the requirement to provide a formal record (as defined by PACE); such provision is superceded by the bespoke provision made by new paragraph 19ZF (see above).