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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 3 May 2015 - onwards
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61. Forfeiture and disposal, or return, of seized substances

(1) A police or customs officer may apply to a magistrates' court for the forfeiture of a substance retained under section 59.

(2) Where an application for the forfeiture of a substance is made under this section, the substance is to be retained while proceedings on the application are in progress.

(3) The court must order the forfeiture of the substance if satisfied that it was intended for use as a drug-cutting agent.

(4) A substance ordered to be forfeited may be disposed of in whatever way the officer who applied for the order thinks is suitable.

(5) A substance must not be disposed of under subsection (4) -

(a) before the end of the period within which an appeal under section 62 may be made, or

(b) if an appeal is made, before it is determined or otherwise dealt with.

(6) The court must order the substance to be returned to a person entitled to it if not satisfied that the substance was intended for use as a drug-cutting agent.

(7) If an order is made under subsection (6), the sub

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