Retention and disposal or return of items Section 31: Appeal against decision under section 30
This section confers a right of appeal to the appropriate higher court in each jurisdiction (see subsection (3)) against a decision under section 29 either to order the forfeiture of an item or to order its return to the person entitled to it. An appeal may be brought forward by the person from whom the item was seized, the owner of the item or any party to the proceedings in which the order was made, for example a police officer. An appeal must be lodged within 28 days of the decision by the lower court (subsection (4)). If an appeal is brought forward by a police officer or other authorized person and no persons entitled to the items (defined in subsection (8)) was present or represented at the original hearing, the officer has an obligation to make reasonable efforts to give notice of the appeal to every person who may be entitled to the item. On hearing the appeal, the court will determine the question afresh.