Requirements for seized property

(1) Where any information or charge has been laid in respect of the alleged offence for which the property was seized pursuant to section 48(1)(a),and that property remains in the Fisheries Resources [CAP. 210 59 custody of the Government, the Court may at any time, on application by– (a) the person from whom the property was seized; or (b) the owner or person entitled to the possession of the property seized, release the property under bond to any such person, and any such release may be subject to such sureties and conditions as the Court may specify. (2) In determining the value of the bond or other form of security, the Court shall have regard to the aggregate amount of– (a) the value of the property to be released; (b) the total maximum fine or fines provided for the offence charged or likely to be charged; and (c) the loss, damages or costs the prosecution would be likely to recover if a conviction were entered, and the Court may set the value at such aggregate amount. (3) The decision whether or not to lay any information or charge in respect of an alleged offence for which any property is seized under section 61 of this Act shall be made as soon as reasonably practicable after the property is seized, taken possession of, or detained. (4) The Government shall not be liable to a person for any spoilage or deterioration in the quality of any fish seized under section 48. 60 Fisheries Resources (5) Subject to sub-section (10), but notwithstanding any other provisions of this section, where any property has been seized under section 48, then– (a) on a decision being made not to lay an information or charge; or (b) on the acquittal of a person charged with an offence for which the property is subject to such property, or the proceeds from the sale of such property or proceeds of sale, shall forthwith be released from the custody of the Government of Belize to the person entitled thereto. (6) Notwithstanding any other provisions in this section, a Fisheries Officer who at the time of seizure returns to the water any fish seized pursuant to section 48 of this Act that he believes to be alive, shall not be under any civil or criminal liability to the person from whom the fish was seized in the event of a decision being made not to lay an information or charge in respect of the fish, or of the person being acquitted of the charge.