ACTIn ForceAct
Crimes Act 1900
245Magistrates Court may permit thing to be retained
Start here
Get a plain-English read of 245
Turn the raw legal text into a practical explanation grounded in Crimes Act 1900.
245 Magistrates Court may permit thing to be retained
(1) If a thing is seized under section 207 (Stopping, searching and
detaining people) or section 209 (Stopping, searching and detaining
conveyances), and—
(a) before the end of 60 days after the seizure; or
(b) before the end of a period previously specified in an order of a
court under this section;
proceedings in respect of which the thing may afford evidence have
not commenced, the police officer may apply to the Magistrates Court
for an order that he or she may retain the thing for a further period.
(2) If the court is satisfied that it is necessary for the police officer to
continue to retain the thing—
(a) for the purposes of an investigation as to whether an offence has
been committed; or
(b) to enable evidence of an offence to be secured for the purposes
of a prosecution;
the court may order that the police officer may retain the thing for a
period specified in the order.
(3) Before making the application, the police officer shall—
(a) take reasonable steps to discover who has an interest in the
retention of the thing; and
(b) if it is practicable to do so, notify each person who the police
officer believes to have such an interest of the proposed
application.