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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)
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