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Cluster Munitions (Prohibitions) Act 2010

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This is the original version (as it was originally enacted).

25Forfeiture in case of conviction

This section has no associated Explanatory Notes

(1)This section applies if a person is convicted of an offence under this Act.

(2)The court by or before which the person is convicted may order that anything that is shown to the court’s satisfaction to relate to the offence is to be—

(a)forfeited, and

(b)destroyed, or otherwise dealt with, in the manner specified in the order.

(3)The court may order under subsection (2) that the forfeited item is to be dealt with as the Secretary of State sees fit.

(4)If the court so orders, the powers of the Secretary of State include—

(a)the power to direct the destruction of the forfeited item, and

(b)the power to secure the disposal of the forfeited item in any other way that appears to the Secretary of State to be appropriate.

(5)Subsection (6) applies where—

(a)the court proposes to order under subsection (2) that a thing be forfeited, and

(b)a person claiming to have an interest in it applies to be heard by the court.

(6)The court must not make the order unless the person has been given an opportunity to show why it should not be made.

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