Explanatory Notes

Serious Crime Act 2015

2015 CHAPTER 9

3rd March 2015

Territorial Extent

Part 4: Seizure and Forfeiture of Drug-Cutting Agents

Commentary on Sections

Section 63: Return of substance to person entitled to it, or disposal if return impracticable

245.Where a court determines that the seized substance is not intended for use as a drug-cutting agent, this section provides for the return of the substance to the person entitled to it; if necessary the relevant court (or the sheriff) may make an order to this end (subsection (1)(b)). In any case where it proves impossible to find the owner, or impracticable for some reason to return the substance (for example, because the owner refuses to accept receipt), subsection (4) allows for the substance to be disposed of by the police or customs officer.