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Criminal Justice (Terrorism and Conspiracy) Act 1998

Status:

This is the original version (as it was originally enacted).

4Forfeiture orders

(1)This section applies if—

(a)a person is convicted of an offence under section 2 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 (membership etc of proscribed organisations), and

(b)at the time of the offence he belonged to an organisation which was then a specified organisation for the purposes of section 2A of that Act.

(2)This section also applies if—

(a)a person is convicted of an offence under section 30 of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 (membership etc of proscribed organisations), and

(b)at the time of the offence he belonged to an organisation which was then a specified organisation for the purposes of section 30A of that Act.

(3)The court by or before which the person is convicted may order the forfeiture of any money or other property if—

(a)he had it in his possession or under his control at the time of the offence, and

(b)it has been used in furtherance of or in connection with the activities of the specified organisation, or the court believes it may be so used unless forfeited.

(4)If a person other than the convicted person claims to be the owner of or otherwise interested in anything which can be forfeited by an order under this section, before making such an order in respect of it the court must give him an opportunity to be heard.

(5)The standard of proof required to determine any question arising as to whether subsection (1)(b), (2)(b) or (3)(a) or (b) is satisfied shall be that applicable in civil proceedings.

(6)For the purposes of this section property includes property wherever situated and whether real or personal, heritable or moveable, a thing in action or other intangible or incorporeal property.

(7)Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 shall apply in relation to orders under subsection (3) above, and in its application by virtue of this subsection—

(a)the references in paragraphs 1(1), 11(1) and 21(1) to section 13(2), (3) or (4) of that Act shall be treated as references to subsection (3) above;

(b)the references in paragraphs 1(1)(d), 11(1)(d) and 21(1)(d) to section 13(6) of that Act shall be treated as references to subsection (4) above.

(8)This section applies where the offence is committed on or after the day on which this Act is passed, and for this purpose an offence committed over a period of more than one day or at some time during a period of more than one day must be taken to be committed on the last of the days in the period.

(9)The following paragraphs apply so far as this section extends to England and Wales and Scotland—

(a)section 27(5) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (duration) shall apply to this section;

(b)for the purposes of section 27 this section shall be treated as having been continued in force by the order under subsection (6) of section 27 which has effect when this Act is passed.

(10)So far as this section extends to Northern Ireland, for the purposes of section 62 of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 (duration etc) it shall be treated as a temporary provision of that Act.

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