Precedent - Consent to Further Detention of Property

From Criminal Law Notebook
PRECEDENT TERMS OF USE

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Notice

Consent to Further Detention of Property





CONSENT TO THE FURTHER DETENTION OF PROPERTY UNDER SECTION 490(2) or (3) OF THE CRIMINAL CODE




I, [insert name], of [address] am the lawful owner and/or person lawfully entitled to possession of the the followings property seized on [date] and subject to a detention order (hereinafter "property "):

  • [list items including exhibit # and description]

I CONSENT, for the purpose of s. 490(3.1) of the Criminal Code, to a further period of detention of the property for the purposes of assisting in the ongoing investigation undertaken at the time of the initial seizure.

MY CONSENT continues until:

the date of ____________, which is not in excess of 1 year from the date of seizure (s. 490(2)).
the date of ____________, which is in excess of 1 year from the date of seizure (s. 490(3)).
such time as the ongoing investigation has concluded and no charges are laid, or if charges are laid, until such time as the charges are disposed of and any appeal period has expired.

I UNDERSTAND that I am entitled to a reasonable opportunity to consult with counsel, that I have the right to contest an application for continued detention of the property before a judge or justice.

AND I UNDERSTAND that I may revoke my consent at any time with notice to the appropriate person responsible for detaining the property and will be given an opportunity to contest further detention of the property before a judge or justice.


_____________________________
(signature of lawful owner and/or person lawfully entitled to possession)


_____________________________
(address)


_____________________________
(witness)


_____________________________
(date)

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