Criminal Code (Cap. 9), article 673

673. (1) Notwithstanding the foregoing provisions of this Title and subject to the provisions of article 671 the court shall, o n the application of the Attorney General made at any time of the proceedings or, where the author of the crime is absent or unkn own, before any proceedings are co mmenced, order the registrar to dispose of any property connected with criminal proceedings or with a crime, whether such property is liable to forfeiture or not, in any of the following cases: (a) where, owing to the nature, quantity or dimensions of such property, considerable space is necessary to keep it; (b) where such property is subject to deterioration or depreciation or the cost of its upkeep is out of proportion to its value; (c) where it is not practicable or convenient for any other reason to keep such property in custody; (d) where, owing to the absence of the party accused, the CRIMINAL CODE [CAP. 9. 409 trial is not concluded within two years from the day on which such property was first brought before the court; (e) in any other case where the court deems it so proper. (2) The application for an order as is referred to in sub-articl e (1) and in the same circumstan ces mentioned in that sub-article may also be made by the registrar in which case the application shall be served on the Attorney General for his reply within su ch time, being not less than two wor king days, as may be determine d by the court and the application shall not be allowed where the Attorney General objects to the application: P r o v i d e d t h a t , w h e r e t h e A t t orney General objects to the application, the cour t may impose on the accused that the costs for the deposit and upkeep of the property, held by the Director of the Asset Recovery Bureau, connected with criminal proceedings or with the crime, be borne by the accused. (2A) Notwithstanding the provisions of sub-article (2), where property connected with criminal proceedings or with the crime is held by the Registrar, the owner of that property may request t he court that he be allowed to effe ct such maintenance works as ma y be required on the property; if the owner of the property does not make the request mentioned in this sub-article or, having made the request, and the request having been granted by the court, does not effect such maintenance works, the responsibility for any loss or damages suffered by the said pr operty shall be borne by the sai d owner. (3) The provisions of sub-articles (1) and (2) shall apply notwithstanding that the propert y is attached by a garnishee or der. (4) Where the court allows an application made under this article the order of the court shall be served on all the perso ns identified by the registrar to h ave an interest in the property , if their whereabouts are known, sohowever that the order of the court sh all not be subject to revocation or modification except on the dema nd of the Attorney General. (5) If the property is sold the proceeds shall be deposited in court and shall be disposed of on the conclusion of the proceed ings in the same manner as if they were the property of which they a re the proceeds. (6) If the property is not sold the property may be disposed of as the registrar may deem fit subject to the payment of such indemnity as may be due to the owner of the property disposed o f. Release of property in the course of proceedings. Substituted by: III.2002.155. Amended by: XVI.2006.23.