Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 682
Disposal of property seized
682 Disposal of property seized
(1) When anything is seized or taken under the provisions of this Code, the
person seizing or taking it is required forthwith to carry it before a
(2) The justice may cause the thing so seized or taken to be
detained in such custody as the justice may direct, taking reasonable care for
its preservation, until the conclusion of any investigation that may be held
with respect to it; and, if any person is committed for trial for any offence
committed with respect to the thing so seized or taken, or committed under
such circumstances that the thing so seized or taken is likely to afford
evidence at the trial, the justice may cause it to be further detained in like
manner for the purpose of being produced in evidence at such trial.
(3) If no
person is so committed, the justice is required to direct that the thing be
returned to the person from whom it was taken, unless the justice is
authorised or required by law to dispose of it otherwise.
(4) If the thing so
seized or taken is anything forged or counterfeit, or is of such a nature that
a person who has it in the person’s possession without lawful authority or
excuse is guilty of an offence, then, if any person is committed for trial for
any offence committed with respect to it or committed under such circumstances
as aforesaid and is convicted, the court before which the person is convicted,
or, in any other case, any justice, may cause it to be defaced or destroyed.
(5) If the thing so seized or taken is of such a nature that a person who has
it in his or her possession, knowing its nature and without lawful authority
or excuse, is guilty of an offence, then, as soon as it appears that it will
not be required, or further required, in evidence against the person who had
it in his or her possession, it is to be delivered to the Treasurer, or some
person authorised by the Treasurer to receive it.
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