Weapons Act 1999

A person claiming to be lawfully entitled to possess a weapon that has been seized and retained by a member of the Police Force under this Act may, within 21 days of the relevant day, apply to the Magistrates Court for an order that the weapon be delivered to the person if —

no one is charged with an offence to which the weapon relates; or

someone is charged with an offence to which the weapon relates but upon the hearing and determination of every such charge —

no one is convicted; or

if someone is convicted, no order is made under section 16(1).

In subsection (1) —

if no one is charged with an offence to which the weapon relates or dealt with by a juvenile justice team for a matter to which the weapon relates, the day of the seizure of the weapon;

if no one is charged with an offence to which the weapon relates but someone is dealt with by a juvenile justice team for a matter to which the weapon relates, the day on which every such matter is finally disposed of by the team; or

if someone is charged with an offence to which the weapon relates, the day on which every such charge has been heard and determined.

A court hearing an application under subsection (1) may order that the weapon be delivered to the person making the application if the court is satisfied on the balance of probabilities that the person is lawfully entitled to possess the weapon.

A weapon is forfeited to the Crown if, in the circumstances set out in subsection (1) —

no application for the delivery of a weapon is made within the time fixed by that subsection; or

an application for the delivery of a weapon is made within the time fixed by that subsection but every such application is dismissed.