Data Protection [No. 3 of 2021 99 9. (1) An inspector may arrest a person, without a warrant, where the inspector has reasonable grounds to believe that the person— Arrest without warrant (a) has committed an offence under this Act; (b) is about to commit an offence under this Act and there is no other way to prevent the commission of the offence; or (c) is willfully obstructing an inspector in the execution of the inspector’s duties. (2) An inspector who makes an arrest under subsection (1) shall, without delay, have the person arrested brought to a police station. 10. A law enforcement officer may seize and detain property which the inspector has reason to believe was used to commit an offence under this Act until an order of the court is made regarding the disposal thereof. 11. (1) A law enforcement officer shall, where a person from whom an article or other property has been seized under section 10 is found not guilty or the proceedings against that person are withdrawn — (a) without delay, restore the article or property to that person; or (b) where the enforcement officer is satisfied that the person cannot be found or is unwilling to receive back the article or property, apply to the court for an order of forfeiture of the article or property. (2) The court shall make an order of forfeiture under subsection (1) if — (a) the law enforcement officer has given notice, by publication in the Gazette and in a daily newspaper of general circulation in the Republic, to the effect that the article or property which has been seized under this Act shall vest in the State if it is not claimed within three months from the date of publication of the notice; and (b) three months after the giving of the notice under paragraph (a),the article or property remains unclaimed. (3) Where a claim is made, in writing, by a person that is lawfully entitled to the article or property seized under this Act, the law enforcement officer may order the release of the article or property to the claimant if satisfied that there is no dispute concerning the ownership of the article or property and that it is not liable to forfeiture. Seizure of property Restoration of property

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات