188SPower to destroy seized things

188S Power to destroy seized things

188S Power to destroy seized things

(1) The Secretary may destroy or dispose of a thing if—

(a) the thing was seized under this division, and

(b) the thing is no longer required as evidence in proceedings.

(2) The Secretary must not destroy a thing under this division unless—

(a) before destroying the thing, the Secretary gives written notice of the proposed destruction to the owner or person in charge of the thing, or

(b) the Secretary is satisfied that the owner or person in charge of the thing has already been given written notice of the proposed destruction.

(3) Notice must be given at least 7 days before the thing is destroyed.

(4) A requirement to give notice does not apply to the destruction of a thing if—

(a) there does not appear to be an individual immediately in control of the thing, and the owner or person in charge cannot be located after making reasonable inquiries, and

(b) the Secretary considers that, in the circumstances, the thing must be destroyed without notice to the owner or person in charge.

(5) This section does not apply to the destruction of a thing that has been forfeited to the Secretary.

(6) If the Secretary decides to destroy or dispose of a thing—

(a) the thing immediately becomes the property of the State, and

(b) compensation is not payable for—

(i) the transfer of ownership, or

(ii) the destruction or disposal of the thing, and

(c) duty is not payable for the transfer, and

(d) the Secretary must, as soon as practicable, tell the person who owned the thing immediately before its seizure about the destruction or disposal, unless—

(i) the Secretary is not able to find the person after making reasonable inquiries, or

(ii) it is otherwise impracticable or unreasonable to tell the person.