Paragraph 5 Appeals against detention of a sample or records

Any person having an interest in a sample or records which F1is or are for the time being detained under paragraph 4 (Powers of search etc.) by an enforcement authority or by a duly authorised officer of an enforcement authority may apply for an order requiring the sample F2... or records to be released to him or to another person.

An application under this paragraph may be made–

A magistrates' court or the sheriff shall not make an order under sub-paragraph (1) unless the court or sheriff is satisfied–

Any person aggrieved by an order made under this paragraph by a magistrates' court F4or sheriff or by a decision of such a court or sheriff not to make such an order, may appeal against that order or decision–

In England and Wales or in Northern Ireland, an order made under this paragraph may contain such provision as appears to the court to be 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 M1 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 M2 (statement of case)).