Back to Criminal Procedure Code 2010

Section history

Section 371 — Procedure when person entitled to property is known

Consolidated view is experimental and may be broken for certain provisions.

Amendments
371.Procedure when person entitled to property is known

(1)If the person entitled to the property referred tomentioned in section 370 is known, the Magistrate’s Courtrelevant court must cause a notice to be served on that person instructing himthat person to take delivery of the property within the period specified in the notice which must be at least 48 hours after the date of service of the notice.

(2)Section 116 shall applyapplies as nearly as may be practicable to the procedure governing the service of the notice referred tomentioned in subsection (1) as if a summons were a notice.

(3)If the person entitled to the property referred tomentioned in section 370 fails to take delivery of the property within the period specified in the notice referred tomentioned in subsection (1), the Magistrate’s Courtrelevant court may, after one month from the expiry of that period, cause the property to be sold.

(4)NotwithstandingDespite the other provisions in this section, if the property is perishable or if, in the opinion of the Magistrate’s Courtrelevant court, its value is less than $500, the Magistrate’s Courtrelevant court may cause the property to be sold at any time.

Subsection (5) — Original text to 31 October 2018superseded

(5)The Magistrate’s Court must pay the net proceeds of the sale under subsections (3) and (4) on demand to the person entitled.

Subsection (5) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018

(5)The relevant court must cause the net proceeds of the sale under subsection (3) or (4) to be paid, on demand, to the person entitled.