Page:Copyright Act 2021.pdf/273

274 Powers of entry, search and seizure

419.—(1) Information may be given on oath to a court that there is reasonable cause to suspect that an article or a document—
 * (a) is located at any premises; and
 * (b) is evidence that an offence under section 417 has been committed.

(2) If information is given under subsection (1), the court may issue a warrant authorising a police officer (either with or without conditions)—
 * (a) to enter and search the premises for articles and documents specified (either specifically or in any general category) in the warrant; and
 * (b) if any articles or documents so specified are found at the premises—to seize them.

(3) In this section and section 420, “document” means anything in which information of any description is recorded.

Disposal of seized evidence

420.—(1) This section applies where—
 * (a) an article or a document is seized under section 419; and
 * (b) either—
 * (i) no proceedings are brought for an offence under section 417 within 6 months of the seizure; or
 * (ii) in the case of a seized article—proceedings are brought for an offence under section 417, but no order is made under section 418 in respect of the article.

(2) The article or document must be—
 * (a) returned to the person who was in possession of the article or document when it was seized; or
 * (b) if it is not practicable to so return the article or document—disposed of in accordance with section 108