34Return of property

34 Return of property

(a) property has been taken from an accused; and

(b) the Magistrates' Court considers that the property or part of it can be returned consistently with the interests of justice and with the safe custody of the accused—

the court must direct that the property or part of it be returned to the accused or to any other person that the accused directs.

(2) If property has been taken from a person other than the accused, the Magistrates' Court, on application by the person, may direct that the property be returned to the person at any time, and subject to any condition, that the court considers appropriate.

Division 2—Pre-hearing disclosure of prosecution case