Warrant of seizure
83.222 (1) A judge who is satisfied by information on oath that there are reasonable grounds to believe that any publication, copies of which are kept for sale or distribution in premises within the court’s jurisdiction, is terrorist propaganda may issue a warrant authorizing seizure of the copies.
Summons to occupier
(2) Within seven days after the day on which the warrant is issued, the judge shall issue a summons to the premises’ occupier requiring the occupier to appear before the court and to show cause why the matter seized should not be forfeited to Her Majesty.
Owner and author may appear
(3) The owner and the author of the matter seized and alleged to be terrorist propaganda may appear and be represented before the court in order to oppose the making of an order for the forfeiture of the matter.
Order of forfeiture
(4) If the court is satisfied, on a balance of probabilities, that the publication is terrorist propaganda, it may make an order declaring that the matter be forfeited to Her Majesty, for disposal as the Attorney General may direct.
Disposal of matter
(5) If the court is not satisfied that the publication is terrorist propaganda, it may order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.
Appeal
(6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with any modifications that the circumstances require.
Consent
(7) No proceeding under this section shall be instituted without the Attorney General’s consent.
Definitions
(8) The following definitions apply in this section.
court has the same meaning as in subsection 320(8). (tribunal)
judge has the same meaning as in subsection 320(8). (juge)
terrorist propaganda means any writing, sign, visible representation or audio recording that advocates or promotes the commission of terrorism offences in general — other than an offence under subsection 83.221(1) — or counsels the commission of a terrorism offence. (propagande terroriste)
Annotations
- Part II