Criminal proceedings

25Forfeiture in case of conviction

1

This section applies if a person is convicted of an offence under this Act.

2

The court by or before which the person is convicted may order that anything that is shown to the court's satisfaction to relate to the offence is to be—

a

forfeited, and

b

destroyed, or otherwise dealt with, in the manner specified in the order.

3

The court may order under subsection (2) that the forfeited item is to be dealt with as the Secretary of State sees fit.

4

If the court so orders, the powers of the Secretary of State include—

a

the power to direct the destruction of the forfeited item, and

b

the power to secure the disposal of the forfeited item in any other way that appears to the Secretary of State to be appropriate.

5

Subsection (6) applies where—

a

the court proposes to order under subsection (2) that a thing be forfeited, and

b

a person claiming to have an interest in it applies to be heard by the court.

6

The court must not make the order unless the person has been given an opportunity to show why it should not be made.