Part 18

Miscellaneous and General

Miscellaneous

Forfeiture
345
1
A court by or before which a person is convicted of an offence under this Act may make an order for the forfeiture of an article that appears to the court to relate to the offence.
2
A forfeiture order—
a
may include such provision about the treatment of the article forfeited as the court thinks appropriate, and
b
subject to any provision made under paragraph (a), shall be treated as requiring any person in possession of the article to surrender it to a constable as soon as is reasonably practicable.
3
Where—
a
a court proposes to make a forfeiture order in respect of an article, and
b
a person notifies the court that he has an interest in the article,
the court may not make the order without first giving the person an opportunity to make representations.
4
The court which made a forfeiture order may order that the forfeited article be given up to a person who claims to have an interest in it.
5
A person commits an offence if he fails to—
a
comply with a forfeiture order, or
b
co-operate with a step taken for the purpose of giving effect to a forfeiture order.
6
A person guilty of an offence under subsection (5) shall be liable on summary conviction to—
a
imprisonment for a term not exceeding 51 weeks,
b
a fine not exceeding level 5 on the standard scale, or
c
both.
7
In the application of subsection (6) to Scotland the reference to 51 weeks shall have effect as a reference to six months.
S. 345 in force at 1.1.2007 for specified purposes by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)
S. 345 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)