Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 2010 - onwards
Version 2 of 2

35. Return or disposal of property to be used as evidence.

(1) This section applies where property that is to be entered in evidence in a criminal trial is to be -

(a) returned to its owner, or

(b) disposed of,

before the trial begins.

(2) Where the prosecution proposes to dispose of property that is to be entered in evidence or return it to its owner before the scheduled date of the start of the trial, the prosecution shall serve a notice under this section (the "prosecution notice") on the accused at any time that is at least 23 days prior to that date.

(3) The prosecution notice shall contain a description of the property in sufficient detail to identify it and a statement as to the relevance of the property to the proceedings, together with -

(a) one or more photographs of the property, and

(b) any report that the prosecution proposes to enter in evidence arising from the analysis of the property, including analysis of any materials found in or on the property (the "prosecution report of evidence").

(4) Not later than 7 days after service of the prosecution notice under subsection (2), the defence shall serve on the prosecution a notice in writing (the "defence notice") that indicates one of the following:

(a) that the defence accepts the prosecution notice and agrees to the return or disposal of the property;