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Medway Council Act 2004

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7Forfeiture of seized items

(1)Subject to subsection (2) below, the court by or before which a person is convicted of a relevant offence may on or after the appointed day order any article, receptacle or equipment—

(a)produced to the court; and

(b)shown to the satisfaction of the court to relate to the offence,

to be forfeited and dealt with in such a manner as the court may order.

(2)The court shall not order any article, receptacle or equipment to be forfeited under subsection (1) above where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

(3)In considering whether to make an order under subsection (1) above a court shall have regard—

(a)to the value of the article, receptacle or equipment; and

(b)to the likely financial and other effects on—

(i)the offender; or

(ii)the owner of the article, receptacle or equipment,

of the making of the order (taken together with any other order that the court contemplates making).

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