46Return of seized property

46 Return of seized property

(1)  A reference in this section to the relevant time is –

(a) subject to paragraph (b) – a reference to the date of the conviction, discharge or acquittal or of the refusal to make the forfeiture order, as the case requires; or

(b) if there is a right of appeal and the period for lodging the appeal has expired without an appeal having been lodged – a reference to the expiration of that period; or

(c) if there is a right of appeal and an appeal has been lodged – a reference to the time when the appeal lapses or is finally determined.

(2)  If –

(a) property has been seized pursuant to a search warrant issued under this Part; and

(b) at the time the property was seized a person had not been charged with the relevant serious offence; and

(c) before the expiration of the period of 7 days immediately after the property was seized a person had not been charged with that offence –

then, unless an application for a forfeiture order is made in respect of the property, as soon as practicable after the expiration of that 7 day period the Commissioner is to arrange for the property to be returned to the person from whose possession it was seized.

(3)  If –

(a) property has been seized pursuant to a search warrant issued under this Part; and

(b) either before the property was seized, or after it was seized but before the expiration of the period of 7 days immediately after it was seized, a person has been charged in respect of the relevant serious offence, or criminal proceedings have otherwise been commenced in respect of the relevant serious offence –

then, unless an application for a forfeiture order is made in respect of the property, the Commissioner is to arrange for the property to be returned to the person from whose possession it was seized –

(c) if the person is convicted of the offence – as soon as practicable after the expiration of 6 months after the relevant time; or

(d) if the person is discharged or acquitted of the offence – as soon as practicable after the relevant time.