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Changes over time for: Section 36
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 22/09/2016.
Changes to legislation:
There are currently no known outstanding effects for the Counter-Terrorism Act 2008, Section 36.
Changes to Legislation
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36Forfeiture: supplementary provisionsU.K.
This section has no associated Explanatory Notes
After section 23A of the Terrorism Act 2000 (c. 11) (inserted by section 35 above), insert—
“23BForfeiture: supplementary provisions
(1)Before making an order under section 23 or 23A, 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 that section.
(2)In considering whether to make an order under section 23 or 23A in respect of any property, a court shall have regard to—
(a)the value of the property, and
(b)the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).
(3)A court in Scotland must not make an order under section 23 or 23A except on the application of the prosecutor—
(a)in proceedings on indictment, when the prosecutor moves for sentence, and
(b)in summary proceedings, before the court sentences the accused;
and for the purposes of any appeal or review, an order under either of those sections made by a court in Scotland is a sentence.
(4)Schedule 4 makes further provision in relation to forfeiture orders under section 23 or 23A.”.
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