59 Application to the appropriate judicial authority
Criminal Justice and Police Act 2001 (2001 c 16) | Legislation

Remedies and safeguards

59  Application to the appropriate judicial authority

(1)     This section applies where anything has been seized in exercise, or purported exercise, of a relevant power of seizure.

(2)     Any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.

(3)     Those grounds are—

(a)     that there was no power to make the seizure;

(b)     that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within section 54(2);

(c)     that the seized property is or contains any excluded material or special procedure material which—

(i)     has been seized under a power to which section 55 applies;

(ii)     is not comprised in property falling within section 55(2) or (3); and

(iii)     is not property the retention of which is authorised by section 56;

(d)     that the seized property is or contains something seized under section 50 or 51 which does not fall within section 53(3);

and subsections (5) and (6) of section 55 shall apply for the

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