Consumer Protection Act 1987

33 Appeals against detention of goods

(1) Any person having an interest in any goods which are for the time being detained under any provision of this Part by an enforcement authority or by an officer of such an authority may apply for an order requiring the goods to be released to him or to another person.

(2) An application under this section may be made—

(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland—

(i) for an offence in respect of a contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act; or

(ii) for the forfeiture of the goods under section 16 above;

(b) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or

(c) in Scotland, by summary application to the sheriff.

(3) On an application under this section to a magistrates' court or to the sheriff, an order requiring goods to be released shall be made only if the court or sheriff is satisfied—

(a) that proceedings—

(i) for an offence in respect of a contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act; or

(ii) for the forfeiture of the goods under section 16 or 17 above,

have not been brought or, having been brought, have been concluded without the goods being forfeited; and

(b) where no such proceedings have been brought, that more than six months have elapsed since the goods were seized.

(4) Any person aggrieved by an order made under this section by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the [1980 c. 43.] Magistrates' Courts Act 1980 or Article 146 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).