Seizure and forfeiture

Seizure
6
1
Subject to the following provisions of this section, if an authorised officer or a constable has reasonable grounds for believing that a person has committed a relevant offence, the authorised officer or constable may seize—
a
any article in relation to which he believes an offence has been committed and which is being offered or exposed for sale or displayed; or
b
any other article which—
i
is in the possession of or under the control of any person who is offering or exposing for sale or displaying an article; and
ii
is of a similar nature to the article being offered or exposed for sale or displayed, as the case may be; or
c
any receptacle or equipment being used by that person.
2
No article, receptacle or equipment shall be seized under subsection (1) unless the conditions of subsection (3) apply.
3
The conditions are that the article, receptacle or equipment—
a
may be—
i
required to be used in evidence in any proceedings in respect of the suspected offence; or
ii
the subject of forfeiture under section 8; and
b
in the case of an article is not of a perishable nature.
4
An authorised officer shall produce his authority if required to do so by the person having care or control of anything seized in pursuance of the powers in subsection (1).
5
An authorised officer or a constable shall, forthwith after seizing any article, receptacle or equipment under subsection (1), give to the person from whom the article, receptacle or equipment was seized a document containing the following information—
a
the name and address of the person who the authorised officer or constable believes has committed the offence;
b
if different from the name and address of the person mentioned in paragraph (a), the name and address of the owner of the article, receptacle or equipment;
c
the type of article, receptacle or equipment seized; and
d
information about section 8(2).
6
If an authorised officer or constable is unable, after reasonable enquiry of the person who he believes has committed the offence, to ascertain the name or address of—
a
that person; or
b
the owner of the article, receptacle or equipment,
or has reasonable cause to believe that a name or address provided to him is incorrect, he need not comply with paragraph (a) or (b), as the case may be, of subsection (5).
7
The authorised officer or constable shall, before the end of the period of 14 days beginning with the date of seizure, give or serve a copy of the document to or on any person who is named on the document under subsection (5)(b) at the address shown on the document.