- him for the purposes of the exercise of the officer’s functions under any provision of those regulations,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) A person shall be guilty of an offence if, in giving any information which is required by him by virtue of paragraph (1)(c)—
- (a) he makes a statement which he knows is false in a material particular; or
- (b) he recklessly makes a statement which is false in a material particular.
(3) A person guilty of an offence under paragraph (2) shall be liable—
- (a) on conviction on indictment, to a fine;
- (b) on summary conviction, to a fine not exceeding the statutory maximum.
Appeals against detention of products and records
25.—(1) A person referred to in regulation 23(1) may apply for an order requiring any product or record which is for the time being detained under regulation 22 or 23 by an enforcement authority or by an officer of such an authority to be released to him or to another person.
(2) An application under the preceding paragraph may be made—
- (a) to any magistrates’ court in which proceedings have been brought in England and Wales or Northern Ireland—
- (i) for an offence in respect of a contravention in relation to the product of a requirement imposed by or under these Regulation, or
- (ii) for the forfeiture of the product under regulation 18,
- (b) where no such proceedings have been brought, by way of complaint to a magistrates’ court;
- (c) in Scotland, by summary application to the sheriff.
(3) On an application under paragraph (1) to a magistrates’ court or to the sheriff, the court or the sheriff may make an order requiring a product or record to be released only if the court or sheriff is satisfied—
- (a) that proceedings
- (i) for an offence in respect of any contravention in relation to the product or, in the case of a record, the product to which the record relates, of any requirement imposed by or under these Regulations; or
- (ii) for the forfeiture of the product or, in the case of a record, the product to which the record relate, under regulation 18 or 19,
- have not been brought or, having been brought, have been concluded without the product being forfeited; and
- (b) where no such proceedings have been brought, that more than six months have elapsed since the product or records was seized.
(4) In determining whether to make an order under this regulation requiring the release of a product or record the court or sheriff shall take all the circumstances into account including the results of any tests on the product which have been carried out by or on behalf of the enforcement authority and any statement made by the enforcement authority to the court or sheriff as to its intention to bring proceedings for an offence in respect of a contravention in relation to the product of any requirement imposed by or under these Regulations.
(5) Where—
- (a) more than 12 months have elapsed since a product or records were seized and the enforcement authority has not commenced proceedings for an offence in respect of a contravention in relation to the product (or, in the case of records, the product to which
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