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AthleticSilver740

Uploaded by AthleticSilver740

NUS Faculty of Law

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criminal law legal procedures property disposal law

Summary

This document provides information on ancillary matters relating to the power of police to seize certain property. It details procedures for the seizure of property from individuals involved in criminal offences and governing procedures. It also highlights the discretion of courts in disposal procedures.

Full Transcript

B24 CRI - Ancillary Matters - A. The Power to Seize Certain Property - s35(a) CPC - Police have the power to seize any property - s78(1) CPC - Search and seize property from person or place - B. Procedure Governing Seizure of Property - s370 CPC - Seized property mu...

B24 CRI - Ancillary Matters - A. The Power to Seize Certain Property - s35(a) CPC - Police have the power to seize any property - s78(1) CPC - Search and seize property from person or place - B. Procedure Governing Seizure of Property - s370 CPC - Seized property must be reported to Magistrate\'s Court - C. Power of Court to Order Disposal of Property - Section 371 provides the procedure where person entitled to property referred to in s 370 is known. Section 372 provides the procedure where person entitled to property referred to in s 370 is unknown or cannot be found. Pursuant to section 364(1), during or at the conclusion of an inquiry or trial under the CPC, the court may make an order as it thinks fit for the disposal of any property produced before it. \*The court possesses a relatively wide discretion. - D. Disposal Orders - Magnum Finance Bhd v PP \[1996\] 2 SLR(R) 159 - Court\'s wide discretion - E. Forfeiture - **When** is forfeiture of property mandatory and **when** is it discretionary? - Depends on a statutory interpretation of the relevant legislative provisions read with s364(2) CPC. - Principles - F. Confiscation Orders

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