Regulation 16 Retention and return when an offence is being investigatedI1

England and Wales

(1)

A seizure authority must deal with seized property in accordance with paragraph (2) where—

(a)

before the date of the determination notice, the authority is investigating an offence in respect of which the property was seized; and

(b)

the authority is of the opinion that it is necessary to retain the property in order to investigate the offence.

(2)

The duty in relation to the seized property is to—

(a)

retain it during the continuance of the period determined in accordance with paragraph (3) while the seizure authority is of the opinion in paragraph (1)(b); and

(b)

return it during the period determined in accordance with paragraph (4), in accordance with regulation 18.

(3)

The period for retention is the period which—

(a)

begins with the date of the determination notice; and

(b)

ends no later than—

(i)

15 working days after that date; or

(ii)

30 working days after that date, where the seizure authority is the Environment Agency or the Natural Resources Body for Wales and the offence, or one of the offences, in respect of which the property was seized is a forfeiture offence.

(4)

The period for return is the period which—

(a)

begins with the last day of the period in paragraph (3); and

(b)

ends 10 working days after that date.

Annotations

Commencement

I1: Reg. 16 in force at 6.4.2015, see reg. 1(1)