Commentary Definitions Section 7 – Powers of forfeiture in respect of offences under s.6
58.This section provides for powers of forfeiture in respect of items considered by the court to be connected with the carrying out of an offence under section 6. This could, for example, include various noxious substances and equipment designed for the handling, and production, of such substances. Subsection (1)gives a power to the court to order the forfeiture, on conviction of any individual for an offence under section 6, of any items the court considers to have been in the possession of the person convicted for purposes connected with the offence. Subsection (2) sets out that before such an order can be made, the court must give any person, in addition to the person convicted, a chance to be heard if they claim that they are the owner of the items. Subsection (3) ensures that an order of this kind can only come into force once there is no further possibility of the order being varied or set aside on appeal. Subsections (4) and (5)provide that the court may, in the case of an order for forfeiture being made under subsection (1), make any other provision it sees as necessary to give effect to the forfeiture, including provision about retention, handling, destruction and other disposal of what is forfeited.