Commentary Schedule 2 – Seizure and forfeiture of terrorist publications Paragraphs 12 to 17
140.Paragraph 12sets out that if an article is condemned as forfeited by the court, it will be deemed to have been forfeited from the time of the seizure. If 12 months after a requirement to return property arises an article that should have been returned is still with a constable and it is not reasonably practicable for it to be returned the constable can dispose of it (paragraph 13). Paragraphs 14and 15 set out provisions of proof, detailing that the fact, form and manner of seizure is to be assumed to have been by the process set out in this Act, unless the contrary is shown. They also detail how the condemnation of an article as forfeited may be proved. Paragraph 16 sets out special provisions for the property of a body corporate, two or more partners, and more than five persons. Paragraph 17 provides that the returning of an item to a person in line with requirements in this Schedule does not affect the rights of any other person in respect of that article. This ensures that property and ownership rights in an article are not affected by its return to a particular individual.