Procedure after seizure of evidence
64 Procedure after seizure of evidence
This section does not apply to a ship detained under section 65.
(2) As soon as practicable after an object is seized by an authorised officer under this Part, the officer must give a receipt for it to the person from whom it was seized.
(3) The receipt must describe generally each object seized and its condition.
(4) If, for any reason, it is not practicable to comply with subsection (2), the officer must leave the receipt at the place of seizure in a reasonably secure way and in a conspicuous position.
Subsection (2) does not apply if:
the object is unattended when seized;
the object's owner is unknown; and
(c) the owner cannot be found after reasonable inquiries (given the object's value) have been made.
(6) Until a seized object is returned or otherwise finally dealt with, an authorised officer must allow a person who would be entitled to a seized object if it were not in the officer's possession:
to inspect it; and
if it is a document – to make copies of it.
(7) The officer must return a seized object to the person at the end of:
6 months; or
(b) if a prosecution for an offence involving it is started within 6 months – the prosecution for the offence and an appeal, if any, in relation to the offence.
(8) Despite subsection (7), the officer must return the seized object to the person immediately the officer is no longer satisfied it is necessary to retain it as evidence.
(9) However, the officer need not return the seized object if the officer believes, on reasonable grounds, it is necessary to retain it to prevent its use in committing an offence.
This Act’s bill:Second reading speech
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