Application for release from detention of a product or document
31.—(1) This regulation applies where a product or document is being detained as the result of the exercise of a power under regulation 28 or 29.
(2) A person with an interest in the product or document may apply for an order requiring them to be released to that or another person.
(3) An application under this regulation may be made to any court in which proceedings have been brought in accordance with regulation 13 for the forfeiture of the product or document or (in the case of a seized document) any product to which the document relates.
(4) In Scotland an application under this regulation may be made, where proceedings have been brought in accordance with regulation 13 and those proceedings—
(a)have not been concluded, by way of motion, or
(b)have been concluded, by minute or note in the original process—
(i)in the sheriff court, or
(ii)in the Court of Session (as the case may be).
(5) If no proceedings have been brought in accordance with regulation 13, an application may be made under this regulation—
(a)in England and Wales or Northern Ireland, to the county court;
(b)in Scotland, to the sheriff or summary sheriff.
(6) On an application under this regulation, the court may make an order requiring a product or document to be released only if satisfied that condition A or B is met.
(7) Condition A is that—
(a)no proceedings have been brought for the forfeiture of the product or document, and
(b)the period of six months beginning with the date of seizure of the product or document has expired.
(8) Condition B is that—
(a)proceedings of a kind mentioned in paragraph (7)(a) have been brought, and
(b)those proceedings have been concluded without the product or document being forfeited.