3.The Act increases the maximum penalty for offences of illegal trading in the Royal Parks and certain other open spaces. It also provides for the seizure by park constables of things used in the commission of such offences, for the purpose of interrupting and preventing further illegal trading activity. Things so seized may be retained by the Secretary of State pending the outcome of proceedings for the offence and may be retained until costs are paid in the event that the court makes an order as to costs. Lastly, if a person is convicted of an offence of illegal trading, the Act gives the Court the discretion to order forfeiture of any items seized, subject to its consideration of the value of the items, the likely effects of forfeiture and subject to the right of the owner to make representations.
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