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Sentencing Act 2020, Section 157 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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.
Commencement Information
I1S. 157 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
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