No.2
CRI\!lNALPr~:x·EDUHE A:'\T) EnDENCE A.'I,IENDM E'\1
(a)
contravenes subsection (3); or
(b) enters a dwelling without the consent of the occupier thereof in the
purported exercise of powers under subsection (I) or (2);
shall be guilty of an otfence and liable to a fine not exceeding level four or to
imprisonment for a period not exceeding three months or to both such tine and such
imprisonment, unless, in the case of a contravention of subsection(:~), the affected
person is lawfully charged with and arrested for an offence in connection \vith the
exercise of powers under subsection (I) or (2). ".
21
New section substituted for section 58 of Cap. 9:07
Section 58 of the principal Act is repealed and the following sections are
substituted"58
Custody and disposal of seized articles
(I) Su~ject to subsection (2), a police officer who seizes any
article referred to in section 49 or to whom any such article is delivered
in terms of this Part or to whom an article seized in terms of any other
enactment is delivered to be dealt with in terms of this Part, shall(a)
take it or cause it to be taken fortlnvith ami deli' ered to a
place of security under the control of a police officer; and
(b)
have all relevant particulars in relation to it and its seizure
entered in an inventory (which may be an electronic inventory,
provided that a manual or material back-up of the inventory
is maintained simultaneously) kept at the place of custody,
namely a sufficient description of the article, details of the
date and particulars of the full receipt (if any) issued in
relation thereto, and the identification number and mark
assigned to it; and
(c)
endeavour to ensure that the article, if vulnerable to damage
or contamination from moisture or dust, is kept free from
contamination by moisture and dust, and that the place
of security where it is lodged is protected from access by
unauthorised persons; and
(d)
be held, subject to section 59, until the criminal proceedings
which are instituted in relation to that artide(i)
have been abandonedordiscontinuedor are concluded
otherwise than with the conviction of the accused, in
which event the custodian police officer shall forthwith
restore any such article the accused or the owner thereof,
as may be appropriate, unless the article is one whose
possession is intrinsically unla\x.'fuL or
(ii)
have resulted in the convictionofthe accused, in which
event the convicting cotnt shaHA. order any such thing to be restored to the accused
or the owner thereof, as may be appropriate; or
B. order any such article to be forfeited to the State
or destroyed.
(2) A police officer may, ifthe article is stolen property or property
suspected to be stolen, with the consent of the person from whom it was
seized, deli\'erthe article to the person from whom, in the opinion of such
2016
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