Section 52: Appeal against decision under section 51
This section confers a right of appeal (see subsection (3) as to the appropriate higher court in each jurisdiction) against a decision under section 51 either to order the forfeiture of an item or to order its return to the person entitled to it. An appeal must be lodged within 28 days of the decision by the lower court (subsection (4)). The parties to the original proceedings and any persons entitled to the items (defined in subsection (8)) – if not present or represented at the original hearing – will be entitled to be heard at the appeal. On hearing the appeal, the court will determine the question afresh.