Commentary on Sections New section 31A – Cases involving criminal proceedings
27.New section 31A deals with seized infringing articles whose retention is justified for the purpose of enabling them to be used as evidence in criminal proceedings for contravention of the advertising and trading regulations. It provides that the ODA must store any perishable article (so far as is reasonably practicable) and take care of any animal, pending its return or disposal in accordance with the new sections of the 2006 Act: see new section 31A(2) and (3).
28.Under new section 31A, the ODA must return an infringing article to the owner:
29.However, the ODA is not required to return an infringing article in any of the following circumstances: