Warrants to Seize Explosives: Difference between revisions
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'''Seizure of explosives'''<br> | '''Seizure of explosives'''<br> | ||
492. (1) Every person who executes a warrant issued under section 487 or 487.1 may seize any explosive substance that he suspects is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that he seizes by virtue of this section and detain it until he is ordered by a judge of a superior court to deliver it to some other person or an order is made pursuant to subsection (2). | 492. (1) Every person who executes a warrant issued under section 487 [''[[Section 487 Search Warrants|territorial search warrants]]''] or 487.1 [''[[Telewarrants|telewarrants]]''] may seize any explosive substance that he suspects is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that he seizes by virtue of this section and detain it until he is ordered by a judge of a superior court to deliver it to some other person or an order is made pursuant to subsection (2). | ||
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'''Forfeiture'''<br> | '''Forfeiture'''<br> | ||
(2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1), it is forfeited and shall be dealt with as the court that makes the conviction may direct. | (2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1), it is forfeited and shall be dealt with as the court that makes the conviction may direct. | ||
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'''Application of proceeds'''<br> | '''Application of proceeds'''<br> | ||
(3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General. | (3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General. | ||
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R.S., 1985, c. C-46, s. 492; R.S., 1985, c. 27 (1st Supp.), s. 70. | R.S., 1985, c. C-46, s. 492; R.S., 1985, c. 27 (1st Supp.), s. 70. | ||
|[http://canlii.ca/t/7vf2#sec492 CCC] | |[http://canlii.ca/t/7vf2#sec492 CCC] | ||
Revision as of 20:24, 30 April 2018
Legislation
Seizure of explosives
492. (1) Every person who executes a warrant issued under section 487 [territorial search warrants] or 487.1 [telewarrants] may seize any explosive substance that he suspects is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that he seizes by virtue of this section and detain it until he is ordered by a judge of a superior court to deliver it to some other person or an order is made pursuant to subsection (2).
Forfeiture
(2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1), it is forfeited and shall be dealt with as the court that makes the conviction may direct.
Application of proceeds
(3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General.
R.S., 1985, c. C-46, s. 492; R.S., 1985, c. 27 (1st Supp.), s. 70.
– CCC
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