Retention to adduce evidence
109 Retention to adduce evidence
The following provisions apply in relation to anything seized under this part:
the thing must be held by the authority for the purpose of adducing evidence in a prosecution for an offence against this Act, unless the authority authorises the release of the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized;
if a prosecution for an offence against this Act is instituted within the prescribed period and the defendant is found guilty—the court may order that—
the thing be forfeited to the authority; or
the defendant pay to the authority an amount equal to the market value of the thing at the time of the seizure, being the value decided by the court;
if—
a prosecution for an offence against this Act is not instituted within the prescribed period; or
on such a prosecution being instituted within that period, the defendant is found not guilty or the court does not make an order under paragraph (b);
the authority must, subject to section 110, release the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized.
In subsection (1):
prescribed period means the period of 6 months beginning on the day after the seizure.
This provision refers to the regulations (prescribed period
). Made under this Act:
- Environment Protection Regulation 2005 · under s 166
This Act’s bill:Explanatory statement
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