London Olympic Games and Paralympic Games Act 2006

[F131ACases involving criminal proceedingsE+W+S

This adran has no associated Nodiadau Esboniadol

(1)This section applies where—

(a)an infringing article is removed under section 22 or 28, and

(b)its retention is justified by the matter specified in section 22(5)(c) or (as the case may be) 28(2)(c).

(2)In the case of a perishable article, the Olympic Delivery Authority must, so far as is reasonably practicable, store the article pending its return or disposal in accordance with this group of sections.

(3)In the case of an animal, the Authority must take care of the animal pending its return or disposal in accordance with this group of sections.

(4)If proceedings on the offence under section 21 or 27 are not instituted before the end of the relevant period, the infringing article shall be returned to the owner of the article at the end of that period unless—

(a)the Authority, having undertaken such enquiries as it thinks appropriate, fails to establish who or where the owner is,

(b)the owner disclaims the article or refuses to accept it, or

(c)in the case of a perishable article, the article has ceased to be usable for trade.

(5)If proceedings on the offence under section 21 or 27 are instituted before the end of the relevant period but are discontinued, the infringing article shall be returned to the owner on the discontinuance of the proceedings unless subsection (4)(a), (b) or (c) applies.

(6)If proceedings on the offence under section 21 or 27 are instituted before the end of the relevant period, and subsection (5) does not apply, the infringing article shall be returned to the owner at the conclusion of the proceedings unless—

(a)subsection (4)(a), (b) or (c) applies,

(b)the court orders the infringing article to be forfeited under section 143 of the Powers of Criminal Courts (Sentencing) Act 2000, or

(c)where (without making an order under that section) the court awards costs to the Authority against the owner, the period of 28 days beginning with the day on which the award was made expires without the costs having been paid.

(7)If subsection (4)(a) applies, the Authority may apply to a magistrates' court for a disposal order under section 31D.

(8)If subsection (4)(b) or (6)(c) applies, the Authority must proceed in accordance with section 31E.

(9)If subsection (4)(c) applies, the Authority may dispose of the article as it thinks appropriate.

(10)For the purposes of this section, “the relevant period” is—

(a)in the case of an infringing article removed under section 22, the period of 56 days beginning with the day after the day on which it is removed, and

(b)in the case of an infringing article removed under section 28, the period of 28 days beginning with the day after the day on which it is removed.

(11)In this section, “this group of sections” means this section and sections 31B to 31E.]

Textual Amendments