60Court order requiring delivery of seized thing

60 Court order requiring delivery of seized thing

(1)  A court of competent jurisdiction may, on application by any person, make an order directing that a seized thing be delivered to the person.

(2)  An application may not be made under subsection (1) in respect of –

(a) a thing that has been seized by an authorised officer in an emergency unless the Secretary has given notice, under section 61(4) , of the Secretary’s intention to declare the seized thing to be forfeited to the Crown; or

(b) a seized thing that has been forfeited to the Crown under this Part.

(3)  A court of competent jurisdiction may make an order under subsection (1) if satisfied that –

(a) the person –

(i) is the owner of the seized thing; or

(ii) is otherwise lawfully entitled to possession of the seized thing; and

(b) it is lawful for the person to have possession of the thing; and

(c) the continued retention of the seized thing in custody is not justified.

(4)  In deciding an application under this section, the court may do one or more of the following:

(a) make a finding or order as to the ownership of the seized thing;

(b) make a finding or order as to liability for, and payment of, costs and expenses incurred in keeping the seized thing;

(c) make any necessary incidental or ancillary findings or orders that the court thinks appropriate in the circumstances.

(5)  A court may make an order under this section in respect of a seized thing even if the estimated value of the seized thing exceeds the monetary jurisdiction of the court.