DPP may give directions for release of property tendered in evidence
157 DPP may give directions for release of property tendered in evidence
If property is tendered in evidence during a committal proceeding and an accused is committed for trial for an offence with respect to the property, a person may apply in writing to the DPP for the release of the property.
On receipt of an application under subsection (1), the DPP may give directions in writing that the property be released to the applicant.
The release of property under subsection (2) may be subject to a condition that the property released must be produced at the trial and to any other conditions that the DPP considers appropriate.
The DPP may require a person to whom property is released under this section to give an undertaking to comply with the conditions to which the release is subject.
A person must not fail, without reasonable cause, to comply with an undertaking given by the person under subsection (4).
- Level 10 fine (10 penalty units maximum).
Directions given under subsection (2) do not affect the legal title to the property or any legal right to possession of the property.
The DPP is not liable for or with respect to any direction given by the DPP under subsection (2).
Note
Chapter 8 contains general provisions that apply to all criminal proceedings.
This Act’s bill:Explanatory memorandumSecond reading speech
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