Defence Forces (Evidence) Act 2022
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Property in possession of Military Police | ||
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35. (1) Subject to subsections (2) and (3), where any property has come into the possession of a member of the Military Police under section 34 (1)(i), a summary court-martial may on application to it, either by a member of the Military Police not below the rank of captain or by a claimant of the property, make an order for the delivery of the property to the person appearing to the summary court-martial to be the owner thereof or, if the owner cannot be ascertained, make such other order with respect to the property (including the destruction or disposal of the property) as the summary court-martial sees fit. | ||
(2) Subject to subsection (3), where any property has come into the possession of a member of the Military Police under section 34 (1)(i) and the claimant of the property is not subject to military law, the District Court (in this subsection referred to as the “court”) may, on application to it by the claimant of the property, make an order for the delivery of the property to the person appearing to the court to be the owner thereof or, if the owner cannot be ascertained, make such other order with respect to the property (including the destruction or disposal of the property) as the court sees fit. | ||
(3) Where property that has come into the possession of a member of the Military Police under section 34 (1)(i) is believed by that member to be evidence of any offence (or suspected offence) against military law— | ||
(a) the property may be retained for use as evidence in any proceedings in relation to that offence for such period from the date of seizure of the property as is reasonable or, if proceedings are commenced in which the property is required for use in evidence, until the conclusion of the proceedings, and | ||
(b) an order may not be made under subsection (1) or (2) until the expiry of the period or the conclusion of the proceedings, as the case may be, referred to in paragraph (a). | ||
(4) The jurisdiction conferred on the District Court by subsection (2) may be exercised by a judge of the District Court for the time being assigned to the District Court district in which the person making the application resides or carries on any profession, business or occupation or, where the person making the application does not reside, or carry on any profession, business or occupation, in the State, a judge who is assigned to the Dublin Metropolitan District. | ||
(5) An order under subsection (1) or (2) shall not affect the right of any person to take, not later than 6 months after the date of the order, legal proceedings against any person in possession of the property delivered by virtue of the order for the recovery of the property. |