Antisocial Behaviour etc. (Scotland) Act 2004

Retention

2 (1) Any seized equipment may be retained—

(a) during the period of 28 days beginning with the seizure; or

(b) if it is related equipment in proceedings for a noise offence instituted within that period against any person, until—

(i) that person is sentenced or otherwise dealt with for, or acquitted of, the offence; or

(ii) the proceedings are discontinued.

(2) Sub-paragraph (1) does not authorise the retention of seized equipment if—

(a) a person has been given a fixed penalty notice under section 46 in respect of any noise;

(b) the equipment was seized because of its use in the emission of the noise in respect of which the fixed penalty notice was given; and

(c) that person has paid the fixed penalty before the end of the period allowed for its payment.