When something has been seized, who must receive a list of the seized items, and what must that handover show?
General information · Not legal advice
Material to check
In a practice file we read the list of seized items itself, the seizure record, and the paper showing that the list was handed over, noting in whose name it was received and in what capacity that person held the item.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as mandatory: once a seizure has been made, a list must be drawn up and handed over to the owner, the possessor, the custodian, or another person in an equivalent position, and the provision attaches that duty to every seizure.
Another reading notes that the provision names the persons who must receive the list but says nothing about when the handover must occur or what counts as a person 'equivalent' to owner, possessor or custodian, so the record alone must show that the person who received the list fell within one of those roles.
Your judgment
Where the item was held by an employee or agent rather than the owner, what in the file would show that person occupied a position equivalent to possessor or custodian?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add recipients or set a time for the handover, or if a court decision explains when a person falls within the category the provision describes as equivalent.