Which seized items may be sold, with the proceeds kept in place of the items, and how do the two categories the provision describes differ in their conditions?
General information · Not legal advice
Material to check
In the exercise file, we read the inventory of seized items, the record showing for each item whether it is subject to confiscation or must be returned to a person, and any paper showing that the recipient cannot be identified or located. We also look for material on the fear of loss, damage, decay or a marked fall in value, or the difficulty of keeping the item, since each category needs that as well.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading covers the first paragraph: an item that must be confiscated may be sold, with its proceeds kept instead, where there is a fear of its loss, damage, decay or a marked fall in value, or where keeping it is difficult.
The second reading covers the narrower second paragraph: an item that must be returned to someone may be sold and its proceeds kept only where the recipient cannot be identified or his whereabouts are unknown, and on top of that the same fear of loss or difficulty of keeping is present.
Your judgment
If the recipient of a returnable item is named but cannot be found, how should the file show that his whereabouts are unknown rather than merely unvisited?
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 name who may order the sale and hold the proceeds, or if a decision clarifies what counts as difficulty of keeping an item or as unknown whereabouts.