ACTIn ForceAct
DRUGS OF DEPENDENCE ACT 1989
193FMaking of orders about preservation of cannabis
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193F Making of orders about preservation of cannabis
(1) This section applies to the making of an order under section 193D
(Order for preservation of cannabis), or an order under that section as
amended under section 193E (Amendment and revocation of
cannabis preservation), for the preservation of seized cannabis plants
or seized cannabis product (the seized cannabis) or a part or quantity
of the seized cannabis.
(2) The order must not affect a requirement for the preservation of—
(a) if the order relates to seized cannabis plants—a sample of the
plants required under the seized cannabis plants protocol; or
(b) if the order relates to seized cannabis product—a sample of the
product required under the seized cannabis product protocol.
(3) In deciding whether the order should require, or continue to require,
the preservation of the seized cannabis to a greater extent than
required by the relevant protocol, the Magistrates Court must take
account of the following matters:
(a) the matters mentioned in any analyst’s certificate in relation to
the seized cannabis;
(b) how long the seized cannabis is likely to be kept;
(c) the extent (if any) to which facilities are available for the secure
keeping of the seized cannabis during that period;
(d) the health and safety of people working in or near the place
where the seized cannabis is, or will be, kept;
(e) the number of people (if any) charged with offences in relation
to the seized cannabis;
(f) the likelihood that anyone else will be charged with offences in
relation to the seized cannabis;
(g) when the hearing of any charge for an offence in relation to the
seized cannabis is likely to take place;
(h) any other relevant matter (including, in particular, the interests
of justice).