POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 691
Return of relevant things
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 691
Return of relevant things
691 Return of relevant things
(1) Unless a justice otherwise orders, a
police officer or protective services officer must return a relevant thing to
the owner of the thing or the person who had lawful possession of the thing
before it came into the possession of the police service if the police officer
or protective services officer is satisfied—
(a) it is not required to be
retained; and
(b) it is lawful for the person to have possession of the
thing.
(2) If the thing is evidence of the commission of an offence and a
police officer considers it appropriate, the police officer must take the
steps reasonably necessary to minimise the need to retain the thing as
evidence by, as soon as reasonably practicable—
(a) photographing the thing
or arranging for it to be photographed; or
(b) arranging for any necessary
test or examination of the thing; or
(c) gathering any other available
secondary evidence in relation to the thing.
(3) Despite subsection (1) , if
a police officer or protective services officer seized the relevant thing, a
police officer or protective services officer may retain the thing for a
reasonable time after it is seized if retention of the thing is necessary—
(a) to prevent a person using the thing to cause harm to himself, herself or
someone else; or
(b) to prevent an offence or a breach of the peace
happening; or
(c) to prevent the thing being used for domestic violence or
associated domestic violence.
(4) This section does not apply to a relevant
thing that the commissioner is satisfied is inappropriate to return to its
owner or the person who had lawful possession of it before it was seized or
came into the possession of the police service because of the nature or value
of the thing or the circumstances of the offence to which it relates.
Examples
for subsection (4)—
1 The commissioner may be satisfied it is not
appropriate to return fibres taken from a carpet at a crime scene because the
fibres have little or no value.
2 The commissioner may be satisfied it is
inappropriate to return clothing worn by a victim at the time of a sexual
assault because of the distress returning the clothing to the victim may
cause.
