sec.691Return of relevant things

### sec.691 Return of relevant things Unless a justice otherwise orders, a police officer or protective services officer must return a relevant thing to the owner of the thing or the person who had lawful possession of the thing before it came into the possession of the police service if the police officer or protective services officer is satisfied— it is not required to be retained; and it is lawful for the person to have possession of the thing. If the thing is evidence of the commission of an offence and a police officer considers it appropriate, the police officer must take the steps reasonably necessary to minimise the need to retain the thing as evidence by, as soon as reasonably practicable— photographing the thing or arranging for it to be photographed; or arranging for any necessary test or examination of the thing; or gathering any other available secondary evidence in relation to the thing. Despite subsection (1) , if a police officer or protective services officer seized the relevant thing, a police officer or protective services officer may retain the thing for a reasonable time after it is seized if retention of the thing is necessary— to prevent a person using the thing to cause self harm or harm to someone else; or to prevent an offence or a breach of the peace happening; or to prevent the thing being used for domestic violence or associated domestic violence. This section does not apply to a relevant thing that the commissioner is satisfied is inappropriate to return to its owner or the person who had lawful possession of it before it was seized or came into the possession of the police service because of the nature or value of the thing or the circumstances of the offence to which it relates. The commissioner may be satisfied it is not appropriate to return fibres taken from a carpet at a crime scene because the fibres have little or no value. The commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause. s 691 ins 2000 No. 22 s 25 amd 2006 No. 26 s 67 ; 2012 No. 5 s 223 ; 2022 No. 9 s 17 ; 2024 No. 24 s 57 sch 1 pt 2 (sec.691-ssec.1) Unless a justice otherwise orders, a police officer or protective services officer must return a relevant thing to the owner of the thing or the person who had lawful possession of the thing before it came into the possession of the police service if the police officer or protective services officer is satisfied— it is not required to be retained; and it is lawful for the person to have possession of the thing. (sec.691-ssec.2) If the thing is evidence of the commission of an offence and a police officer considers it appropriate, the police officer must take the steps reasonably necessary to minimise the need to retain the thing as evidence by, as soon as reasonably practicable— photographing the thing or arranging for it to be photographed; or arranging for any necessary test or examination of the thing; or gathering any other available secondary evidence in relation to the thing. (sec.691-ssec.3) Despite subsection (1) , if a police officer or protective services officer seized the relevant thing, a police officer or protective services officer may retain the thing for a reasonable time after it is seized if retention of the thing is necessary— to prevent a person using the thing to cause self harm or harm to someone else; or to prevent an offence or a breach of the peace happening; or to prevent the thing being used for domestic violence or associated domestic violence. (sec.691-ssec.4) This section does not apply to a relevant thing that the commissioner is satisfied is inappropriate to return to its owner or the person who had lawful possession of it before it was seized or came into the possession of the police service because of the nature or value of the thing or the circumstances of the offence to which it relates. The commissioner may be satisfied it is not appropriate to return fibres taken from a carpet at a crime scene because the fibres have little or no value. The commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause. - (a) it is not required to be retained; and - (b) it is lawful for the person to have possession of the thing. - (a) photographing the thing or arranging for it to be photographed; or - (b) arranging for any necessary test or examination of the thing; or - (c) gathering any other available secondary evidence in relation to the thing. - (a) to prevent a person using the thing to cause self harm or harm to someone else; or - (b) to prevent an offence or a breach of the peace happening; or - (c) to prevent the thing being used for domestic violence or associated domestic violence. - 1 The commissioner may be satisfied it is not appropriate to return fibres taken from a carpet at a crime scene because the fibres have little or no value. - 2 The commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause.