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5.—(1) Where—
(a)any property has come into the possession of the service police or a person’s commanding officer in connection with the investigation of a service offence, and
(b)an application for a determination under paragraph (2) has been sent to a commanding officer mentioned in paragraph (5),
that commanding officer may make a determination under paragraph (2) and send a copy of it to the person making the application and the person appearing to the commanding officer to be the owner of the property (if that person is not the applicant).
(2) The commanding officer may make a determination for the delivery of the property to—
(a)the person in whose possession the property was before it was seized; or
(b)the person who claims to be owner of the property.
(3) An application under paragraph (1)(b) may be made by—
(a)a service policeman;
(b)a person claiming to be the owner of the property; or
(c)a person in whose possession the property was before it was seized.
(4) A determination made under this regulation shall not take effect until the time limit for an appeal under regulation 8 has expired with no appeal being made.
(5) In paragraph (1)(b) “commanding officer” means—
(a)the commanding officer of a person in whose possession the property was before it was seized under Part 3 of the Act; or
(b)the commanding officer of a person who claims to be the owner of the property.
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