QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.696Orders issuer may make in relation to seized thing
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### sec.696 Orders issuer may make in relation to seized thing
After considering the application, the issuer under section 695 may, in relation to the seized thing, order—
that it be kept in the possession of a police officer until the end of—
any investigation in relation to which the thing may be relevant; or
any proceeding in which the thing may be relevant; or
any appeal against a decision in a proceeding in which the thing is relevant; or
that it be photographed and returned to its owner or the person who had lawful possession of it before it was seized on condition that the owner or person undertakes to produce it before a court in any later proceeding involving the thing; or
that it be returned to the person who the issuer under section 695 believes is lawfully entitled to possess it; or
if the person entitled to possess the thing is unknown, that the thing be disposed of; or
for a thing seized for a reason mentioned in section 695 (1) (b) or (c) , that it be dealt with in the way decided by the commissioner; or
that it be disposed of or destroyed; or
that it be dealt with by way of a proceeding under section 693 or 694 or a forfeiture proceeding.
Also, if the seized thing is an animal, the issuer under section 695 may order—
if the issuer is satisfied the animal is breeding stock—that the animal be held by a named person until the end of the proceeding for the charge of an offence in which the animal is evidence; or
if the issuer is satisfied the animal is not breeding stock and the ownership of the animal can not be decided—that the animal be sold in the way directed by the issuer and the proceeds of the sale, after paying any costs of the sale, be paid to the consolidated fund.
The issuer under section 695 may, in the order, impose any conditions the issuer considers appropriate, including, for subsection (1) (a) , a condition limiting the time for which a police officer may keep possession of documents seized as evidence.
s 696 ins 2000 No. 22 s 25
amd 2006 No. 26 s 72
(sec.696-ssec.1) After considering the application, the issuer under section 695 may, in relation to the seized thing, order— that it be kept in the possession of a police officer until the end of— any investigation in relation to which the thing may be relevant; or any proceeding in which the thing may be relevant; or any appeal against a decision in a proceeding in which the thing is relevant; or that it be photographed and returned to its owner or the person who had lawful possession of it before it was seized on condition that the owner or person undertakes to produce it before a court in any later proceeding involving the thing; or that it be returned to the person who the issuer under section 695 believes is lawfully entitled to possess it; or if the person entitled to possess the thing is unknown, that the thing be disposed of; or for a thing seized for a reason mentioned in section 695 (1) (b) or (c) , that it be dealt with in the way decided by the commissioner; or that it be disposed of or destroyed; or that it be dealt with by way of a proceeding under section 693 or 694 or a forfeiture proceeding.
(sec.696-ssec.2) Also, if the seized thing is an animal, the issuer under section 695 may order— if the issuer is satisfied the animal is breeding stock—that the animal be held by a named person until the end of the proceeding for the charge of an offence in which the animal is evidence; or if the issuer is satisfied the animal is not breeding stock and the ownership of the animal can not be decided—that the animal be sold in the way directed by the issuer and the proceeds of the sale, after paying any costs of the sale, be paid to the consolidated fund.
(sec.696-ssec.3) The issuer under section 695 may, in the order, impose any conditions the issuer considers appropriate, including, for subsection (1) (a) , a condition limiting the time for which a police officer may keep possession of documents seized as evidence.
- (a) that it be kept in the possession of a police officer until the end of— (i) any investigation in relation to which the thing may be relevant; or (ii) any proceeding in which the thing may be relevant; or (iii) any appeal against a decision in a proceeding in which the thing is relevant; or
- (i) any investigation in relation to which the thing may be relevant; or
- (ii) any proceeding in which the thing may be relevant; or
- (iii) any appeal against a decision in a proceeding in which the thing is relevant; or
- (b) that it be photographed and returned to its owner or the person who had lawful possession of it before it was seized on condition that the owner or person undertakes to produce it before a court in any later proceeding involving the thing; or
- (c) that it be returned to the person who the issuer under section 695 believes is lawfully entitled to possess it; or
- (d) if the person entitled to possess the thing is unknown, that the thing be disposed of; or
- (e) for a thing seized for a reason mentioned in section 695 (1) (b) or (c) , that it be dealt with in the way decided by the commissioner; or
- (f) that it be disposed of or destroyed; or
- (g) that it be dealt with by way of a proceeding under section 693 or 694 or a forfeiture proceeding.
- (i) any investigation in relation to which the thing may be relevant; or
- (ii) any proceeding in which the thing may be relevant; or
- (iii) any appeal against a decision in a proceeding in which the thing is relevant; or
- (a) if the issuer is satisfied the animal is breeding stock—that the animal be held by a named person until the end of the proceeding for the charge of an offence in which the animal is evidence; or
- (b) if the issuer is satisfied the animal is not breeding stock and the ownership of the animal can not be decided—that the animal be sold in the way directed by the issuer and the proceeds of the sale, after paying any costs of the sale, be paid to the consolidated fund.