THIRD GROUP OF PARTSDisposals

PART 7Financial orders and orders relating to property

CHAPTER 4Forfeiture, deprivation of property etc

157Property to which a deprivation order applies: orders by magistrates’ court

1

This section applies where property to which a deprivation order relates is in the possession of the police by virtue of section 156(4).

2

A magistrates’ court may, on the application of a police officer or a claimant of the property—

a

order the delivery of the property to the person appearing to the court to be its owner, or

b

if its owner cannot be ascertained, make any other order about the property.

This is subject to subsection (3).

3

If the application is made by a claimant of the property, the court may make an order under subsection (2) only if—

a

the application is made before the end of the period of 6 months beginning with the day on which the deprivation order is made, and

b

the claimant satisfies the court—

i

that the claimant did not consent to the offender’s possession of the property, or

ii

if the deprivation order was made by virtue of section 153(3) (property used for purposes of offence), that the claimant did not know, and had no reason to suspect, that the property was likely to be used for a purpose mentioned in section 153(3).

4

Any right of a person to take legal proceedings against a person in possession of property by virtue of an order under subsection (2)—

a

ceases at the end of the 6 month period mentioned in subsection (3)(a), but

b

is not otherwise affected by the order.