Classification of Publications Act 1991
sec.35Return of seized publications
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sec.35 Return of seized publications
An inspector who seizes a publication must, unless otherwise ordered by a court, return the publication to the person who is entitled to possession of it if— it is not required as evidence in a proceeding for an offence against this or any other Act; and all proceedings (if any) instituted for an offence in relation to the publication are finally determined (whether or not on appeal) and no person has been convicted of an offence against this or any other Act in relation to the publication. Subsection (1) does not apply to a child abuse publication. s 35 amd 1993 No. 82 s 29 ; 2017 No. 17 s 101 (sec.35-ssec.1) An inspector who seizes a publication must, unless otherwise ordered by a court, return the publication to the person who is entitled to possession of it if— it is not required as evidence in a proceeding for an offence against this or any other Act; and all proceedings (if any) instituted for an offence in relation to the publication are finally determined (whether or not on appeal) and no person has been convicted of an offence against this or any other Act in relation to the publication. (sec.35-ssec.2) Subsection (1) does not apply to a child abuse publication.
- (a) it is not required as evidence in a proceeding for an offence against this or any other Act; and
- (b) all proceedings (if any) instituted for an offence in relation to the publication are finally determined (whether or not on appeal) and no person has been convicted of an offence against this or any other Act in relation to the publication.