(1)A court by or before which a person is convicted of an offence under section 9 or 10 may order the forfeiture of any radioactive device or radioactive material, or any nuclear facility, made or used in committing the offence.
(2)A court by or before which a person is convicted of an offence under section 11 may order the forfeiture of any radioactive device or radioactive material, or any nuclear facility, which is the subject of—
(a)a demand under subsection (1) of that section, or
(b)a threat falling within subsection (3) of that section.
(3)Before making an order under this section, a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner or otherwise interested in anything which can be forfeited under this section.
(4)An order under this section does not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).
(5)Where a court makes an order under this section, it may also make such other provision as appears to it to be necessary for giving effect to the forfeiture, including, in particular, provision relating to the retention, handling, disposal or destruction of what is forfeited.
(6)Provision made by virtue of subsection (5) may be varied at any time by the court that made it.
(7)The power of forfeiture under this section is in addition to any power of forfeiture under section 23A of the Terrorism Act 2000.]
Textual Amendments
F1S. 11A inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 38(3), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)