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Criminal Code

Version of section 462.35 from 2023-09-20 to 2024-06-19:

Marginal note:Expiration of special warrants and restraint orders

  •  (1) Subject to this section, if property has been seized under a warrant issued under section 462.32 or 462.321 or a restraint order has been made under section 462.33 in relation to property, the property may be detained or the order may continue in force, as the case may be, for a period not exceeding six months from the seizure or the making of the order, as the case may be.

  • Marginal note:Where proceedings instituted

    (2) The property may continue to be detained, or the order may continue in force, for a period that exceeds six months if proceedings are instituted in respect of which the thing detained may be forfeited.

  • Marginal note:Where application made

    (3) The property may continue to be detained or the order may continue in force for a period or periods that exceed six months if the continuation is, on application made by the Attorney General, ordered by a judge, where the judge is satisfied that the property is required, after the expiration of the period or periods, for the purpose of section 462.37 or 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1997, c. 18, s. 33
  • 2023, c. 26, s. 216

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