Matters for consideration on determination for retention of kava

In force

In determining whether to make an order that kava is to be retained or is to be forfeited and destroyed, a court must consider:

(a)

the amount of kava seized;

(b)

whether the kava can reasonably be securely retained;

(c)

the period of retention;

(d)

the purpose of retention;

(e) the amount of kava required for the purpose of sampling and analysis;

(f)

a report, if any, of an analyst relating to the kava;

(g) whether the arrest of a person in relation to the kava is imminent;

(h) the number of persons charged with offences in relation to the kava;

(j) when the hearing of the charge relating to the kava is likely to be concluded;

(k) whether any other order has been or will be made relating to the kava;

(m)

any claim of a person to be lawfully entitled to the kava; and

(n)

any other matter which, in the opinion of the court, is relevant.

Research tools for this sectionSubscription

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.