Paragraph 6 Appeals against detention of equipment

(1)

Any person having an interest in any equipment, document, record, information or other thing which is for the time being detained under any provision of this Schedule by an enforcement authority or by an officer if such an authority may apply for an order requiring such item to be released to him or to another person.

(2)

An application under this paragraph may be made–

(a)

to any magistrates' court in which proceedings for forfeiture have been brought in England and Wales and Northern Ireland; or

(b)

where no such proceedings have been brought, by way of complaint to a magistrates' court.

(3)

On an application under this paragraph to a magistrates' court, an order requiring equipment to be released shall be made only if the court is satisfied–

(a)

that proceedings for the forfeiture of the equipment under paragraph 7 below have not been brought, or, having been brought, have been concluded without the equipment being forfeited; and

(b)

where no such proceedings have been brought, that more than six months have elapsed since the equipment was seized.

(4)

Any person aggrieved by an order made under this paragraph by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision–

(a)

in England and Wales, to the Crown Court;

(b)

in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980^f1 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981^f2.

Annotations

Footnotes

f1: 1980 c. 43.
f2: S.I. 1981/1675 (N.I. 26) (statement of case).