12Power to confiscate restricted items and other things

12 Power to confiscate restricted items and other things

12 Power to confiscate restricted items and other things

(1) Power to take into possession and confiscate certain things A security officer may in any court premises—

(a) take possession of any thing that the security officer has reasonable grounds to believe is—

(i) a restricted item, or

(ii) an offensive implement, or

(iii) a recording device or other device that has been used in contravention of section 9 or 9A, or

(iv) any film, tape or other recording medium in a recording device or other device used in contravention of section 9 or 9A, and

(b) confiscate the thing.

(2) Confiscated thing to be returned or handed to police A security officer who confiscates a thing under this section (the confiscated thing) must—

(a) if the officer is satisfied after examining the thing that its retention as evidence is not required and that it is lawful for the person to have possession of the thing—return the thing to the person from whom it was confiscated, or

(b) if the officer is not so satisfied—give the thing (or cause the thing to be given) to the Police Area Commander or Police District Commander for the area or district in which the court premises are located as soon as is reasonably practicable after its confiscation.

(3) The Police Area Commander or Police District Commander to whom a confiscated thing is given must return the thing to the person from whom it was confiscated or to its owner if satisfied after examining the thing that its retention as evidence is not required and that it is lawful for the person to have possession of the thing.

(4) Applications for return of confiscated things The person from whom a thing is confiscated under this section or its owner may, within the period of 28 days after it is confiscated (the initial confiscation period), apply to the Police Area Commander or Police District Commander for its return.

(5) An application for the return of the confiscated thing must be in writing and state why the thing should in all the circumstances be returned.

(6) If the person seeking the return of the confiscated thing is under the age of 18 years, the application for its return may be made only by a parent or guardian of the person, or a person who has lawful care or custody of the person, on his or her behalf.