Section 76Part 5 — CONTRAVENTIONS AND PENALTIES
Notice of seizure
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A relevant officer shall, except as provided in subsection (2), give notice of the seizure of anything as liable to forfeiture and of the grounds for such seizure to any person who, to the officer's knowledge was, at the time of the seizure, the owner or one of the owners of the thing seized
An officer is not required to give notice under subsection (1) if the seizure was made in the presence of —
the person whose offence or suspected offence occasioned the seizure
the owner or any of the owners of the thing seized or any servant or agent of the owner
in the case of anything seized in a ship or aircraft, the master or commander
An officer shall give notice under subsection (1) in writing and the notice shall be deemed to have been duly served on the person concerned —
if delivered to the person personally
if addressed to the person and left or forwarded by post to the person at the person's usual or last known place of abode or business, or, in the case of a body corporate, at its registered or principal office
where the person has no address within the Islands, or the person's address is unknown, by publication of notice of the seizure in the Gazette or any government website approved by the Director
Any person claiming that anything seized as liable to forfeiture is not so liable, may, within one month of the date of the notice of seizure or, where no such notice has been served on the person, within one month of the date of the seizure, appeal to a summary court, which court shall, after hearing the parties, make an order with respect to such seizure, including any order for costs, as may be considered appropriate
An appeal under subsection (4) shall specify the name and address of the appellant and, in the case of a claimant who is outside the Islands, shall specify the name and address of an attorney-at-law in the Islands who is authorised to accept service of process and to act on the appellant's behalf
If, on the expiration of the relevant period under subsection (4) for the giving of notice of appeal in respect of anything, no such notice has been lodged with a summary court, or if, in the case of any such notice being given, any requirement of subsection (5) is not complied with, the thing in question shall be deemed to have been duly condemned as forfeited
Where any thing is, in accordance with subsection (6), condemned or deemed to have been condemned as forfeited, then, without prejudice to any delivery up for sale of the thing by the Director under subsection (8), the forfeiture shall have effect as from the date when the liability to forfeiture arose
Where anything has been seized as liable to forfeiture, the Director may, at any time if the Director thinks fit, and notwithstanding that the thing has not yet been condemned, or is not yet deemed to have been condemned as forfeited —
deliver it up to any claimant upon the claimant paying to Customs and Border Control such sum as the Director thinks proper, being a sum not exceeding that which, in the Director's opinion, represents the value of the thing, including any duty or tax chargeable thereon which has not been paid
if the thing seized is a living creature, or is in the opinion of the Director, of a perishable nature, sell or destroy it
Defined Terms
forfeitureseizure