International War Crimes Tribunals Acts (1995 to 1997) by Parliamentary Counsel
024
VI: Search, Seizure, and Powers of Arrest
General
55
Retention of things seized
General
55. Retention of things seized---(1) Where a member of the Police
seizes a thing pursuant to a warrant issued under this Act, that member
of the Police shall deliver it into the custody and control of the
Commissioner of Police or a commissioned officer of Police designated by
the Commissioner of Police to receive things seized under this Act.
(2) Subject to subsection (5) of this section, the Commissioner of
Police or designated officer shall---
(a) Inform the Attorney-General that the thing has been so delivered;
and
(b) Retain the thing for a period not exceeding 1 month from the day
on which the thing was seized pending the Attorney-General's
direction under subsection (3) of this section about how to deal
with the thing; and
(c) Comply with any direction that the Attorney-General gives.
(3) The Attorney-General may, by written notice, give the Commissioner
of Police or designated officer a direction as to how to deal with the
thing seized.
(4) Without limiting the directions that may be given under subsection
(3) of this section, the Attorney-General may require the Commissioner
of Police or designated officer to send the thing seized to the Tribunal
concerned.
(5) The Attorney-General shall direct the Commissioner of Police or
designated officer to return the thing seized if---
(a) The reason for its seizure no longer exists; or
(b) It is decided that the thing is not to be used in evidence by the
Tribunal concerned---
unless the thing seized is the subject of a dispute as to who is
entitled to it.
(6) If no direction is given by the Attorney-General before the expiry
of the period referred to in subsection (2) (b) of this section, the
Commissioner of Police or designated officer shall arrange for the thing
to be returned to the person from whose possession it was seized as soon
as practicable after that period has expired unless the thing seized is
the subject of a dispute as to who is entitled to it.
Cf. 1992, No. 86, s. 49 (4)