(1)If the person entitled to the property referred to2021mentioned2021 in section 370 is known, the Magistrate’s Court2018relevant court2018 must cause a notice to be served on that person instructing him2021that person2021 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.
Section history
Section 371 — Procedure when person entitled to property is known
Consolidated view is experimental and may be broken for certain provisions.
(2)Section 116 shall apply2021applies2021 as nearly as may be practicable to the procedure governing the service of the notice referred to2021mentioned2021 in subsection (1) as if a summons were a notice.
(3)If the person entitled to the property referred to2021mentioned2021 in section 370 fails to take delivery of the property within the period specified in the notice referred to2021mentioned2021 in subsection (1), the Magistrate’s Court2018relevant court2018 may, after one month from the expiry of that period, cause the property to be sold.
(4)Notwithstanding2021Despite2021 the other provisions in this section, if the property is perishable or if, in the opinion of the Magistrate’s Court2018relevant court2018, its value is less than $500, the Magistrate’s Court2018relevant court2018 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.