Page:Psychoactive Substances Act 2016.pdf/35

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(a) the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a relevant enforcement officer in the exercise of any power conferred by sections 37 to 45, or

(b) the person prevents any other person from complying with any such requirement or direction.

(3) In this section any reference to a relevant enforcement officer includes a reference to a person authorised under section 40(5) to accompany a relevant enforcement officer.

(4) A person who is guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to either or both of the following—

(i) imprisonment for a term not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);

(ii) a fine;

(b) on summary conviction in Scotland, to either or both of the following—

(i) imprisonment for a term not exceeding 12 months;

(ii) a fine not exceeding level 5 on the standard scale;

(c) on summary conviction in Northern Ireland, to either or both of the following—

(i) imprisonment for a term not exceeding 6 months;

(ii) a fine not exceeding level 5 on the standard scale.

Retention and disposal of items

49Retention of seized items

(1) This section applies to any item seized under section 43.

(2) The item may be retained so long as is necessary in all the circumstances and in particular—

(a) for use as evidence at a trial for an offence under this Act, or

(b) for forensic examination or for investigation in connection with an offence under this Act.

(3) No item may be retained for either of the purposes mentioned in subsection (2) if a photograph or a copy would be sufficient for that purpose.

50Power of police, etc to dispose of seized psychoactive substances

(1) This section applies if—

(a) a police or customs officer has seized an item found during the course of a search under section 36, 37 or 38,

(b) the search was carried out in a place to which the officer lawfully had access without a warrant (whether issued under this Act or under any other enactment),

(c) the officer reasonably believes that the item—

(i) is a psychoactive substance which, if it had not been seized, was likely to be consumed by an individual for its psychoactive effects, but