2016
No.2
"(2) A police officer who seizes and remm es any article in acconlancc with
this Part, whether under or without a warrant, must make a full receipt in duplicate for
the article so seized and remon~d. and-(a)
giYe a copy of it to the owner or possessor thereof (unless the owner or
possessor of the article is arrested in com1ection with an offence involving
the article. in which case paragraphs (b), (c) and (d) follov.ing apply); or
(b)
in the absence of the mvner or possessor. or if the owner or possessor
of the article is arrested in connection with an oilcncc involving the
article, or if the owner or possessor is unknown or cannot be asce11ained
by the police officer after due inquiry, give a copy of it to (as the case
may be)(i)
the person apparently in charge or control of or in lawful
occupation of the land, premises upon or in "hich the article is
seized; or
(ii)
the person apparently in charge or control of the Yehicle,
or aircraft from which the article is seized:
vc~sel
or
(c)
in the absence ofthe persons referred to in paragraph (b). give a cop)
of it to (as the case may be)(i)
an apparently responsible person present upon or in the land or
premises from which the article is seized; or
(ii)
an apparently responsible person present as a passenger within the
vehicle, \'essel or aircraft from which the miicle is seized and removed;
or
(d)
in the absence of all of the persons referred to in paragraph (a), (b) and
(c), attach or leave a copy of the receipt in any part of the premises.
land, vehicle, vessel or aircraft from which the ariicle to \Vhich the
receipt relates was seized and removed.
(3) If an owner or possessor from whom any article is seized in accordance
with this Part did not receive a full receipt therefor by reason having been arrested
in connection with an offence involving the article, he or she shall have the right
to demand and receive such a receipt immediately upon being released on bail or
upon being conditionally released, and thereupon he or she becomes entitled to all
the rights provided under this Part to holders of such receipts.
(4) Any police officer responsible for the seizure of an article under this
Pa11 who(a)
fails to comply with subsection (2);
(b)
fails, upon a demand being made by an owner or JX)sscssor of the article
pursuant to subsection (3 ), to furnish a full receipt in respect of that article;
shalL unless the article or articles in question arc articles whose possession is
intrinsically unlawfuL be guilty of an offence and liable to a fine not exceeding level
four or to imprisonment for a period not exceeding three months or to both such fine
and such imprismm1ent. ".
17
Amendment of section 50 of Cap. 9:07
Section 50(" AI1icle to be seized under warrant") of the principal Act is amended(a)
in subsection (I )(a) by the deletion of"orjustice," where it occurs for the
first time and the substitution of "or justice (other than a police officer)":
(b)
in subsection (4) by the deletion of", after such execution," and the
substitution of", before or after such execution,".
40
Select target paragraph3
Add to table of contents