26Powers of forfeiture in respect of offenceU.K.
(1)The court before which a person is convicted of an offence under section 25 may order the forfeiture of anything in his possession at the time of the offence which the court considers to have been involved in the offence.
(2)Before making an order under subsection (1) in relation to anything the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of that thing or otherwise to have an interest in it.
(3)An order under subsection (1) may not be made so as to come into force at any time before there is no further possibility (ignoring any power to appeal out of time) of the order being varied or set aside on appeal.
(4)Where the court makes an order under subsection (1), it may also make such other provision as it considers to be necessary for giving effect to the forfeiture.
(5)That provision may, in particular, include provision relating to the retention, handling, destruction or other disposal of what is forfeited.
(6)Provision made by virtue of this section may be varied at any time by the court that made it.
Commencement Information
I1S. 26 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)