ENVIRONMENTAL PROTECTION ACT 1994 - SECT 462
Procedure after seizure of evidence
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 462
Procedure after seizure of evidence
462 Procedure after seizure of evidence
(1) As soon as practicable after a thing is seized by an authorised person
under this chapter, the authorised person must give a receipt for it to the
person from whom it was seized.
(2) The receipt must describe generally each
thing seized and its condition.
(3) If, for any reason, it is not practicable
to comply with subsection (1) , the authorised person must—
(a) leave the
receipt at the place of seizure; and
(b) ensure the receipt is left in a
reasonably secure way and in a conspicuous position.
(4) The authorised
person must allow a person who would be entitled to the seized thing if it
were not in the authorised person’s possession to inspect it and, if it is a
document, to take extracts from it or make copies of it.
(5) The authorised
person must return the seized thing to its owner at the end of—
(a) 1 year;
or
(b) if a prosecution for an offence involving it is started within the 1
year—the prosecution for the offence and any appeal from the prosecution.
(6) Despite subsection (5) , the authorised person must return the seized
thing to its owner immediately the authorised person stops being satisfied its
retention as evidence is necessary.
(7) However, the authorised person may
keep the seized thing if the authorised person believes, on reasonable
grounds, it is necessary to continue to keep it to prevent its use in
committing an offence.