5Street trading: seizure

1

Subject to the following provisions of this section, if on or after the appointed day an authorised officer or a constable has reasonable grounds for suspecting that a person has committed a relevant offence, the authorised officer or constable may seize—

a

any article in relation to which he suspects an offence has been committed and which is being offered or exposed for sale or displayed; or

b

any other article which—

i

is in the possession of or under the control of any person who is offering or exposing for sale or displaying an article; and

ii

which is of a similar nature to the article being offered or exposed for sale or displayed, as the case may be; or

c

any receptacle or equipment being used by that person.

2

No article, receptacle or equipment shall be seized under subsection (1) above unless the conditions of subsection (3) below apply.

3

The conditions are that the article, receptacle or equipment—

a

may be—

i

required to be used in evidence in any proceedings in respect of the suspected offence; or

ii

the subject of forfeiture under section 7 (forfeiture of seized items) of this Act; and

b

in the case of an article is not of a perishable nature.

4

An authorised officer shall produce his authority if required to do so by the person having care or control of anything seized in pursuance of the powers in subsection (1) above.

5

An authorised officer or a constable shall, forthwith after seizing any article, receptacle or equipment under subsection (1) above, give to the person from whom the article, receptacle or equipment was seized a certificate containing the following information—

a

the name and address of the person who the authorised officer or constable suspects has committed the suspected offence;

b

if different from the name and address of the person mentioned in paragraph (a) above, the name and address of the owner of the article, receptacle or equipment;

c

the type of article, receptacle or equipment seized; and

d

information about subsection (2) of section 7 (forfeiture of seized items) of this Act.

6

If an authorised officer or constable is unable, after reasonable inquiry of the person who he suspects has committed the suspected offence, to ascertain the name or address of—

a

that person; or

b

the owner of the article, receptacle or equipment,

or has reasonable cause to suspect that a name or address provided to him is incorrect, he need not comply with paragraph (a) or (b), as the case may be, of subsection (5) above.

7

The authorised officer or constable shall, before the end of the period of 14 days beginning with the date of seizure, give or serve a copy of the certificate to or on any person who is named on the certificate under paragraph (b) of subsection (5) above at the address shown on the certificate.