There could be more cases of judges handing back seized gang patches to gang members convicted of wearing them in public. 

Law professor Al Gillespie says the law allows discretion for judge, and they'll use it. 

This week, a judge ordered police give back a patch seized from a Lower Hutt gang member. 

Police Minister Mark Mitchell calls the decision disappointing and confirmed police are appealing.

But Gillespie says the judge was within his rights to make the decision. 

"We could see more, I think that's quite possible. And if you do disagree with it, that's fine - but change the law."

LISTEN ABOVE

See omnystudio.com/listener for privacy information.