Part 4General provisions in relation to search, surveillance, and inspection powers
Procedures applying to seized or produced materials
154Disputed ownership of thing seized or produced
If a thing seized or produced is not to be produced in evidence but there is a dispute about its ownership or for any reason the person in whose custody it is, is uncertain as to to whom the thing should be returned (for example, because it is unclaimed), the person in whose custody the thing is may apply to the District Court for directions as to the ownership or holding of the property.
On an application under subsection (1), the District Court may—
- order that the thing be destroyed or, if any other enactment so authorises, forfeited to the Crown:
- order that the thing be delivered to the person appearing to the court to be its owner entitled to possession of it:
- if the owner or person entitled to possession cannot be found, make any order with respect to its possession or sale the court thinks fit.
If, after the making of an order under subsection (2) in relation to any property, an action is commenced against a Police employee or another enforcement officer or the Crown or any law enforcement agency for the recovery of the thing or its value, the order and the delivery of the thing in accordance with the order may be given and must be received in evidence in bar of the action.
However, no such order or delivery affects the right of any persons entitled by law to possession of the thing to recover the thing from any person or body (other than a person or body referred to in subsection (3)).