Section 145: Power to seize property
389.Subsection (1) enables a constable or authorised officer to seize and retain prohibited items in the controlled area, where it appears that an item is being, or has been, used in connection with the commission of an offence of breaching a direction under section 143.
390.Subsection (2) enables a constable to seize and retain prohibited items beyond the controlled area where it appears that an item has been used in connection with the commission of such an offence.
391.Subsection (4) provides a constable with the power to use reasonable force if necessary in exercising a power of seizure.
392.Subsection (5) ensures that the property is properly returned to the person from whom it was seized (unless the court orders its forfeiture: see section 146). Subsection (6) provides for situations where the person from whom property is seized is not known; it may be returned to any other person appearing to have rights in the property, or otherwise the property can be disposed of after 90 days from the time it was seized.
