Paragraph 13 Application for release of firework, item or documentI1

Scotland Not yet in force

(1)

This paragraph applies where a firework, item or document is being retained as the result of the exercise of a power under this schedule.

(2)

A person with an interest in the firework, item or document may apply to a sheriff for an order requiring it to be released to that or another person.

(3)

The sheriff may make an order requiring a firework, item or document to be released only if satisfied that condition A or B is met.

(4)

Condition A is that—

(a)

no proceedings have been brought for an offence as the result of the investigation in the course of which the firework, item or document was seized, and

(b)

the period of 12 months beginning with the day on which the firework, item or document was seized has expired.

(5)

Condition B is that—

(a)

proceedings of the kind mentioned in sub-paragraph (4)(a) have been brought, and

(b)

those proceedings have been concluded without the firework, item or document being forfeited.

Annotations

Commencement

I1: Sch. 2 para. 13 not in force at Royal Assent, see s. 56(2)