Primary Produce Safety Act 2011
47Seizure of thing that may be used as evidence
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47 Seizure of thing that may be used as evidence
(1) If any thing has been seized or made the subject of a seizure order under section 36(1)(j) , the authorised officer must cause the thing to be held pending proceedings for an offence in respect to which it may be used as evidence unless the Chief Inspector authorises the release of the thing to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Chief Inspector thinks fit.
(2) If proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure, or the issuing of the seizure order, and the defendant is convicted or found guilty of the offence, the court may order that the thing be forfeited to the Crown.
(3) However, if –
(a) proceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure, or the issuing of the seizure order; or
(b) proceedings have been so instituted and the defendant is found not guilty of the offence; or
(c) proceedings have been so instituted and the defendant is convicted or found guilty of the offence but no order for forfeiture is made under subsection (2) –
the person from whom the thing was seized, or any person having legal title to it, is entitled to recover from the Crown (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure.
(4) Where the circumstances referred to in subsection (3) apply to a thing that is the subject of a seizure order, the order is revoked, and the revocation takes effect from the time of expiry of the prescribed period or from the time of determination of the proceedings, whichever is relevant in the circumstances.
(5) For the purposes of this section, the "prescribed period" means 12 months, or such longer period as the court may, on application by the Chief Inspector, allow.