8Claim for seized spray paint can

8 Claim for seized spray paint can

8 Claim for seized spray paint can

(1) A seized spray paint can kept at a police station may be claimed by, and if claimed must be returned to, the person from whom it was seized if the person establishes the person—

(a) was at least 18 years of age at the time of the seizure, or

(b) had the spray paint can in the person’s possession for a purpose that is not unlawful, being a purpose of which the police officer who seized the spray paint can was informed at the time of its seizure.

(2) If a claim for a seized spray paint can is rejected, the spray paint can—

(a) must be kept for at least another 7 days to allow for an application to be made to a court under section 9, and

(b) may be disposed of if an application under section 9 is not made within 7 days after the claim is rejected.

(3) If an application under section 9 is made before the seized spray paint can is disposed of, the spray paint can must be kept until the application is determined.