Forfeiture and delivery on conviction
31 Forfeiture and delivery on conviction
A court convicting a person of an offence may order that —
anything relating to the offence, whether or not it has been seized and retained by a police officer under this Act, is forfeited to the Crown;
anything relating to the offence that has been seized and retained by a police officer under this Act be delivered to another person who is lawfully entitled to possess it.
A person claiming to be lawfully entitled to possess anything in respect of which an order may be made under subsection (1)(b) may, in connection with the making of an order —
be heard in the proceedings for the offence; and
make an application under section 71 of the Criminal Procedure Act 2004 as if the person were a party to the prosecution for the offence; and
appeal against the order under Part 2 of the Criminal Appeals Act 2004.
[Section 31 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.]
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