Returning seized material
183 Returning seized material
If—
material liable to seizure under this Act is seized under a search warrant or under Subdivision
3 on the ground that it is evidence relating to—
property in respect of which action has been or could be taken under this Act; or
benefits derived from the commission of a serious offence;
or
literary proceeds; and
either—
the reason for the material's seizure no longer exists or it is decided that the material is not to be used in evidence; or
if the material was seized under
Subdivision
3—the period of 60 days after the material's seizure has ended, the authorised officer who executed the warrant, or who seized the material under Subdivision
3, (as the case requires) must take reasonable steps to return the material to the person from whom it was seized or to the owner if that person is not entitled to possess it.
However, the authorised officer does not have to take those steps if—
if subsection (1)(b)(ii) applies—
proceedings in respect of which the material might afford evidence have been instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings);
or
there is an order in force under section 184; or
the authorised officer is otherwise authorised to retain, destroy or dispose of the material; or
the material is forfeited or forfeitable to the Crown or is the subject of a dispute as to ownership.
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