General and Miscellaneous
Offences and restraint of use of Royal Arms
58B Delivery up of offending goods and material.
1
The court by which a person is convicted of an offence under section 58A may, if satisfied that at the time of his arrest or charge he had in his possession, custody or control—
a
goods or material in respect of which the offence was committed, or
b
goods of the same description as those in respect of which the offence was committed, or material similar to that in respect of which the offence was committed, bearing a mark identical to or nearly resembling that in relation to which the offence was committed,
order that the goods or material be delivered up to such person as the court may direct.
2
For this purpose a person shall be treated as charged with an offence—
a
In England, Wales and Northern Ireland, when he is orally charged or is served with a summons or indictment;
b
in Scotland, when he is cautioned, charged or served with a complaint or indictment.
3
An order may be made by the court of its own motion or on the application of the prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), but shall not be made if it appears to the court unlikely that any order will be made under section 58C (order as to disposal of offending goods or material).
4
An appeal lies from an order made under this section by a magistrates’ court—
a
in England and Wales, to the Crown Court, and
b
in Northern Ireland, to the county court;
and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the goods or material have been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence.
5
A person to whom goods or material are delivered up in pursuance of an order under this section shall retain it pending the making of an order under section 58C.
6
Nothing in this section affects the powers of the court under section 43 of the Powers of Criminal Courts Act 1973, section 223 or 436 of the Criminal Procedure (Scotland) Act 1975 or Article 7 of the Criminal Justice (Northern Ireland) Order 1980 (general provisions as to forfeiture in criminal proceedings).