PART 2Public Health and the Environment
Advertising: seizure and forfeiture
16Forfeiture of seized items
(1)
Subject to subsection (2) below, the court by or before which a person is convicted of an advertising offence may order any relevant object which the court is satisfied relates to the offence to be forfeited and dealt with in such a manner as the court may order.
(2)
The court shall not order a relevant object 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 the owner or person interested in the object 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 object; and
(b)
to the likely financial and other effects on—
(i)
the offender; or
(ii)
the owner of the object,
of the making of the order (taken together with any other order that the court contemplates making).