Section 51: Forfeiture of seized items by court on application
This section provides for the forfeiture and disposal of seized psychoactive substances and other items where the procedure in section 50 or section 54 does not apply. Subsection (3) requires a magistrates’ court (in England and Wales), a sheriff (in Scotland) or a court of summary jurisdiction (in Northern Ireland) (see subsection (11)) to order the forfeiture of an item if the court is satisfied that it is a psychoactive substance likely to be consumed for its psychoactive effects (provided its use was not covered by an exemption specified in regulations made under section 11) and enables such a court to order the forfeiture of any other item if it has been used in the commission of an offence under the Act. The civil standard of proof, namely on the balance of probabilities, will apply to such proceedings. Where the court is so satisfied it is for the applicant (namely, an officer from the relevant enforcement agency) to arrange for the disposal of the forfeited item (subsection (5)). However, any action to dispose of the item is stayed pending the outcome of any appeal (subsection (6)). Subsections (7) to (9) detail the circumstances under which the item must be returned to the person entitled to it. The section also makes further provision, authorising the continued retention of an item, pending the outcome of an application for forfeiture, or any appeal against a decision by the court to order the substance to be returned to the person from whom it was seized, or the owner of the item (subsections (2) and (10)).