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s 31

Forfeiture and delivery on conviction

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31 Forfeiture and delivery on conviction

(1)

A court convicting a person of an offence may order that —

(a)

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;

(b)

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.

(2)

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 —

(a)

be heard in the proceedings for the offence; and

(b)

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

(c)

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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