Court may make fortification removal order
10 Court may make fortification removal order
On receipt of an application under section 7, a court of petty sessions may order the removal or modification of a fortification in place at the premises in respect of which the application is made.
A court of petty sessions may make an order under subsection (1) if the court is satisfied that – there is a fortification in place at the premises in respect of which the application is made; and there are reasonable grounds to believe that the premises are being used, have been used, or are likely to be used – for or in connection with the commission of a specified offence; or to conceal evidence of a specified offence; or to keep the proceeds of a specified offence.
For the purposes of subsection (2), a court of petty sessions may be satisfied of the matters specified in paragraph (b) of that subsection without having to determine whether the relevant specified offence has been committed.
A court of petty sessions may hear and determine an application under section 7 whether or not a person, who has made an objection under section 9 in respect of the application, appears at the hearing of the application.
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