[SCHEDULE Forfeiture of Indecent Photographs of Children]

[SCHEDULE Forfeiture of Indecent Photographs of Children]

[Section 5]

[Application of Schedule

1

(1)     This Schedule applies where—

(a)     property which has been lawfully seized in England and Wales is in the custody of a constable,

(b)     ignoring this Schedule, there is no legitimate reason for the constable to retain custody of the property,

(c)     the constable is satisfied that there are reasonable grounds for believing that the property is or is likely to be forfeitable property, and

(d)     ignoring this Schedule, the constable is not aware of any person who has a legitimate reason for possessing the property or any readily separable part of it.

(2)     The following property is “forfeitable propertyâ€â€”

(a)     any indecent photograph or pseudo-photograph of a child;

(b)     any property which it is not reasonably practicable to separate from any property within paragraph (a).

(3)     For the purposes of this paragraph—

(a)     a part of any property is a “readily separable part†of the property if, in all the circumstances, it is reasonably practicable for it to be separated from the remainder of that property, and

(b)     it is reasonably practicable for a part of any property to be separated

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