67Retention of thing seized

67 Retention of thing seized

(1)  If a thing or vehicle is seized under this Part because it is connected with an offence against this Act –

(a) the thing or vehicle is to be held by the authorised officer for adducing evidence for a prosecution for an offence against this Act unless the Director of Public Health authorises its release to its owner or the person who had possession of it immediately before its seizure; and

(b) if a prosecution for an offence against this Act is started within 12 months after the seizure and the defendant is found guilty, the court may order that –

(i) the thing or vehicle be forfeited to the Crown; or

(ii) the defendant pay to the Crown an amount equal to the market value of the thing or vehicle when seized, being the value decided by the court; and

(c) the authorised officer is to release the thing or vehicle to its owner or the person who had possession of it immediately before its seizure if –

(i) a prosecution for an offence against this Act is not started within 12 months after the seizure; or

(ii) on a prosecution being started within that period, the defendant is not found guilty or the court does not make an order under paragraph (b) .

(2)  If a thing or vehicle is seized under this Part because it poses a threat of harm to the health or safety of persons or to the environment –

(a) the authorised officer is to destroy it, otherwise render it harmless or dispose of it in accordance with the regulations; and

(b) if it has been rendered harmless otherwise than by destroying it, the authorised officer is to release it to its owner or the person who had possession of it immediately before its seizure.