Paragraph 25 Appeals against detention of products and documents

(1)

This paragraph applies where products or documents are being detained as the result of the exercise of a power in this Schedule.

(2)

A person with an interest in the products or documents may apply for an order requiring them to be released to that or another person.

(3)

An application under this paragraph may be made—

(a)

to any magistrates’ court in which proceedings have been brought for an offence as the result of the investigation in the course of which the products or documents were seized,

(b)

to any magistrates’ court in which proceedings have been brought for the forfeiture of the products or documents or (in the case of seized documents) any products to which the documents relate, or

(c)

if no proceedings within paragraph (a) or (b) have been brought, by way of complaint to a magistrates’ court.

(4)

On an application under this paragraph, the court may make an order requiring products to be released only if satisfied that condition A or B is met.

(5)

Condition A is that—

(a)

no proceedings have been brought—

(i)

for an offence as the result of the investigation in the course of which the products or documents were seized, or

(ii)

for the forfeiture of the products or documents or (in the case of seized documents) any products to which the documents relate, and

(b)

the period of 6 months beginning with the date the products or documents were seized has expired.

(6)

Condition B is that—

(a)

proceedings of a kind mentioned in sub-paragraph (5)(a) have been brought, and

(b)

those proceedings have been concluded without the products or documents being forfeited.

(7)

A person aggrieved by an order made under this paragraph by a magistrates’ court, or by the decision of a magistrates’ court not to make such an order, may appeal against the order or decision to a county court.

(8)

An order made under this paragraph by a magistrates’ court may contain such provision as the court thinks appropriate for delaying its coming into force pending the making and determination of any appeal.

(9)

In sub-paragraph (8) “appeal” includes an application under Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981^f1 (cases stated by magistrates’ courts).

Annotations

Footnotes

f1: S.I. 1981/1675 (N.I.26), to which there are amendments not relevant to these Regulations.