- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)If a person is convicted of an offence under section 1 in relation to a knife of a particular description, the court may make an order for forfeiture in respect of any knives of that description—
(a)seized under a warrant issued under section 5; or
(b)in the offender’s possession or under his control at the relevant time.
(2)If a person is convicted of an offence under section 2 in relation to particular material, the court may make an order for forfeiture in respect of any publications consisting of or containing that material which—
(a)have been seized under a warrant issued under section 5; or
(b)were in the offender’s possession or under his control at the relevant time.
(3)The court may make an order under subsection (1) or (2)—
(a)whether or not it also deals with the offender in respect of the offence in any other way; and
(b)without regard to any restrictions on forfeiture in any enactment.
(4)In considering whether to make an order, the court must have regard—
(a)to the value of the property; and
(b)to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).
(5)In this section “relevant time”—
(a)in relation to a person convicted in England and Wales or Northern Ireland of an offence under section 1 or 2, means the time of his arrest for the offence or of the issue of a summons in respect of it;
(b)in relation to a person so convicted in Scotland, means the time of his arrest for the offence or of his being cited as an accused in respect of it.
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