59BDisposal, &c., of evidence that cannot be practicably or safely held

59B Disposal, &c., of evidence that cannot be practicably or safely held

[Section 59B Inserted by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017]

(1)  In this section –

evidentiary material means any article, substance or thing that –

(a) has been seized or has otherwise come into the possession of a police officer; and

(b) is or could be relevant to proceedings or prospective proceedings under this Act.

(2)  [Section 59B Subsection (2) omitted by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] .  .  .  .  .  .  .  .  

(3)  [Section 59B Subsection (3) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] The Coroner, on application by the Commissioner of Police, may order the Commissioner to cause the evidentiary material to be –

(a) rendered safe or inert (if necessary by treating, repackaging or breaking up the evidentiary material); or

(b) destroyed or otherwise disposed of.

(4)  However, before any action is taken under subsection (3) , the Commissioner of Police must ensure –

(a) that a photographic or audio-visual record of the evidentiary material is taken; and

(b) where practicable, that –

(i) 2 or more samples are taken of the evidentiary material; and

(ii) each of those samples is a true representation of the nature of the evidentiary material.

(5)  The Commissioner must ensure that the samples so taken are kept securely for as long as they are reasonably likely to be required for evidentiary purposes.