OpenLegislation

Regulation 65 Appeals against detention of equipment

Original text. Later amendments are not shown.

(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 Part by the enforcement authority or by an officer of such authority may apply for an order requiring the equipment to be released to him or to another person.

(2)

An application under this regulation may be made—

(a)

to any magistrates' court in which proceedings have been brought in England and Wales and Northern Ireland—

(i)

for an offence under regulation 70, 71 or 73 below; or

(ii)

for the forfeiture of the equipment under regulation 82 below;

(b)

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

(c)

in Scotland, by summary application to the sheriff.

(3)

On an application under this regulation to a magistrates' court or to the sheriff, an order requiring equipment to be released shall be made only if the court or sheriff is satisfied—

(a)

that proceedings—

(i)

for an offence under regulation 70, 71 or 73 below in respect of the equipment; or

(ii)

for the forfeiture of the equipment under regulation 82 or 83 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 regulation 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 provisions 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 1980f1 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981f2 (statement of case)).

Annotations

Footnotes

f1

1980 c. 43.

f2

S.I. 1981/1675 (N.I. 26).