Part 4General provisions in relation to search, surveillance, and inspection powers
Procedures applying to seized or produced materials: Rights of owners and others in relation to things seized or produced
156Application for release of or access to things seized or produced
The persons described in subsection (2) may apply, by written notice, to the person in whose custody a seized or produced thing is for the release of or access to it at any time before proceedings are brought for an alleged offence in respect of which the thing was seized or produced.
The persons are as follows:
- the person who produced the thing or from whom the thing was seized:
- the owner or person entitled to possession of the seized or produced thing:
- any person with a legal or equitable interest in the seized or produced thing.
The person in whose custody the seized or produced thing is may release the thing to the applicant or provide reasonable access to it.
A person who receives an application for release of a thing, or access to it, may refuse that application on the ground that release of the thing or, as the case requires, access to it, is likely to prejudice the maintenance of the law.
A release or provision of access to a thing may be—
- unconditional; or
- under bond for a sum (with or without sureties), and on conditions, acceptable to the person in whose custody the thing is.
If any person refuses an application under subsection (1), he or she must inform the applicant of the decision in writing.