s.12Notice to hold
12
Section 12Part 2 — DUTIES OF TRADE OFFICERS, POLICE OFFICERS AND SECONDHAND DEALERS

Notice to hold

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A police officer who has reasonable grounds to suspect that an article in the possession of a secondhand dealer is stolen may issue a "notice to hold" to that secondhand dealer describing the article and instructing the secondhand dealer to refrain from disposing of the article before the expiration of twenty-eight days from the date of the notice and to keep the article in accordance with section 11(3).
Where any article referred to under subsection (1) is required as evidence in any prosecution for an offence under this Law, that article may be seized by a police officer and may be liable to forfeiture.
An article seized and retained by a police officer under this Law shall be —
clearly labelled by the secondhand dealer with details as to the date of acquisition and the person from whom the article was acquired and such other information as the police officer may request;
acknowledged by way of a signed receipt in the prescribed form by the police officer receiving it;
taken by the police officer to a secure place designated by the Commissioner for these purposes.
A secondhand dealer who, within twenty-eight days of the issue of a notice to hold, disposes of an article that is identified in that notice without lawful authority, commits an offence and is liable on summary conviction to a fine of ten thousand dollars or fifty percent of the value of the article disposed of, whichever is greater, or to imprisonment for a term of two years, or to both.
An article that has been seized under this section but has not been subject to forfeiture or any other order of the court, shall be returned to the secondhand dealer after the conclusion of any criminal proceedings.

Defined Terms

notice to hold

Cross References

Referenced By