Section 162: Power of seizure

162. Power of seizure (1) (a) Where a police officer has reasonable cause to believe that a document produced to him under this Act is a document in relation to which an offence has been committed under section 160 or 161, he may seize the document. (b) Where a document is seized under paragraph (a), the person from whom it was seized shall, unless the document has been previously returned to him or he has been previously charged with an offence under section 160 or 161, be summoned before a District Court to account for his possession of the document. (c) The Court shall— (i) make such order respecting the disposal of the document under paragraph (a); and (ii) award such costs, as the justice of the case may require. (2) (a) Where a police officer or a vehicle examiner has reasonable cause to believe that a document or plate carried on a motor vehicle or by the driver is a document or plate in relation to which an offence has been committed under section 158, 159, 160 or 161 in so far as it applies to— (i) a carrier’s licence under Part VI; (ii) a document or plate by which, under regulations made under this Act, vehicles are to be identified as being authorised vehicles under Part VI; R27 – 127 [Issue 1] Road Traffic Act (iii) a document evidencing the appointment of an examiner or other officers under Part VI; or (iv) a record kept under section 87 (1) (c), he may seize it. (b) Where a document or plate is seized under paragraph (d), the driver or the owner of the motor vehicle shall, where the document or plate is still detained and neither of them has previously been charged with an offence under section 158, 159, 160 or 161, be summoned before a District Court to account for— (i) his possession of; or (ii) the presence on the vehicle of, the document or plate. (c) The Court shall— (i) make such order in relation to the disposal of the document or plate; and (ii) award such costs, as the justice of the case may require. (3) For the purposes of subsection (2), the power to seize includes the power to detach from a vehicle.