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Antisocial Behaviour etc. (Scotland) Act 2004

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Forfeiture

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3(1)Where a person is convicted of a noise offence the court may make an order (a “forfeiture order”) for forfeiture of any related equipment.

(2)The court may make a forfeiture order whether or not it deals also with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment.

(3)In considering whether to make a forfeiture order in respect of any equipment, a court shall have regard—

(a)to the value of the equipment; and

(b)to the likely financial and other effects on the offender of the making of the order (taken with any other order that the court contemplates making).

(4)A forfeiture order operates to deprive the offender of any rights in the equipment to which it relates.

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