Forfeiting physical evidence to the State
61 Forfeiting physical evidence to the State
The physical evidence becomes State property if the coroner—
can not, after making reasonable efforts, return the physical evidence to its owner; orExample of paragraph (a)—The coroner may not be able to return physical evidence to its owner because the owner has moved overseas and, despite reasonable efforts, can not be located by the coroner.
does not order the return of physical evidence to its owner because—
it is not lawful for the owner to possess the physical evidence; or
given the nature, condition and value of the physical evidence, it is not desirable that the physical evidence be returned to its owner.Example of physical evidence mentioned in paragraph (b)(ii)—a cracked safety helmet that a deceased person was wearing when killed
In deciding what efforts are reasonable, the coroner must have regard to the nature, condition and value of the physical evidence.
Once the physical evidence becomes State property, the coroner may arrange for the physical evidence to be dealt with in any way allowed under the guidelines issued by the State Coroner.
Example—The coroner may arrange for the physical evidence to be destroyed.
Subsection (3) does not apply to physical evidence that is in the possession of the police service.
Note—For physical evidence that is in the possession of the police service, see the Police Powers and Responsibilities Act 2000, section 721 (Dealing with forfeited things).
This Act’s bill:Explanatory memorandum
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