Commentary on Sections Section 25: Forfeiture in case of conviction
143.This section provides that, where a person is convicted of an offence under the Act, the Court may order that objects related to that offence be forfeited.
144.Subsection (1) provides that this section applies where a person is convicted of an offence under the Act.
145.Subsection (2) enables the court which convicts a person for an offence under the Act to order that anything it is satisfied is related to the offence be forfeited and thereafter destroyed, or otherwise dealt with, in the manner specified in an order made by the court.
146.Subsection (3) provides that the court may order under subsection (2) that the object which has been forfeited be dealt with in such a way which the Secretary of State sees fit.
147.Subsection (4) provides that where the Court makes an order under subsection (3), the powers of the Secretary of State include the power to direct destruction of the forfeited item and the power to dispose of it in any other way which seems appropriate.
148.Subsections (5) and (6) provide that, where a court proposes to make an order under subsection (2), if a person claiming to have an interest in the thing to be forfeited applies to make representations to the court, the court must not make such an order unless that person has been given the opportunity to show why the object should not be forfeited.