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)](#GS46@Gs1@Hpb@EN) – 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. > > > (4)  If – > > > > > > (a) property has been seized pursuant to a search warrant issued under this Part; and > > > > > > > (b) a court having jurisdiction to do so refuses to make a forfeiture order in respect of the property in relation to the relevant serious offence – > > > > the Commissioner is to arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the relevant time. > > > (5)  If property has been seized pursuant to a search warrant under this Part, a person from whose possession the property was seized may apply to an appropriate court for an order under [subsection (6)](#GS46@Gs6@EN) . > > > (6)  If the court is satisfied that neither it nor any other court having jurisdiction to do so would make a forfeiture order in respect of the property, the court may make an order – > > > > > > (a) directing that the property be returned to the person from whose possession it was seized; or > > > > > > > (b) directing that the person be allowed access to the property – > > > > on such terms and conditions, if any, as the court thinks fit. > > > (7)  A person who applies to a court for an order under [subsection (6)](#GS46@Gs6@EN) is to give notice, as prescribed by the regulations or by rules of court, of the making of the application and of the date, time and place fixed for the hearing of the application. > > > (8)  A reference in this section to a person from whose possession property was seized includes a reference to any person who is entitled to the property.