1912_CRIMINAL_PROCEDURE_ORDINANCE__1890 — Page 27

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Seizure of

property the proceeds of indictable offence.

*

Seizure of things intended to be used in commission

No. 9 of 1899.

CRIMINAL PROCEDURE.

(5) Every person who arrests any person under any of the pro- visions herein contained shall (if the person making the arrest is not himself a police officer) deliver the person so arrested, and the property, if any, taken possession of by him, to some police officer in order that he may be conveyed as soon as reasonably may be before a Magistrate, to be by him dealt with according to law, or himself convey him before a Magistrate, as soon as reasonably may be, for that purpose.

(6) Nothing in this section shall affect the powers of apprehension conferred upon constables or other persons by any other enactment.

Seizure of Property.

91. Any Magistrate or the Court may order the seizure of any property which there is reason to believe has been obtained by, or is the proceeds of, any indictable offence, or into which the proceeds of any indictable offence have been converted, and may direct that the same shall be kept or sold, and that the same, or the proceeds thereof, if sold, shall be held as he or it directs, until some person establishes, to his or its satisfaction, a right thereto. If no person establishes such a right within 12 months from the seizure, such property, or the proceeds thereof, shall become vested in the Treasurer, and shall be disposed of accordingly.

92. Any Magistrate or the Court may order the seizure of any instruments, materials, or things which there is reason to believe are provided or prepared, or being prepared, with a view to the of indictable commission of any indictable offence, and may direct the same to be held and dealt with in the same manner as property seized under the last section.

offence.

t

Enforcement of order of seizure. +

Report of property

found upon person apprehended.

Application

of money found upon

person apprehended.

93. An order made under either of the last two sections may be enforced by a search warrant.

94. If, on the apprehension of any person charged with an indict- able offence, any property is taken from him, a report shall be made by the police to the Magistrate or the Court of the fact of such property having been taken from such person and of the particulars of such property.

95. If, on the apprehension of any person charged with an indict- able offence, any money is taken from him, the Court may, in its

* As amended by No. 50 of 1911 and No. 1 of 1912. † As amended by No. 50 of 1911.

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