Forfeiture and delivery of a weapon on conviction
16 Forfeiture and delivery of a weapon on conviction
A court convicting a person of an offence may order that a weapon relating to the offence —
is forfeited to the Crown, whether or not the weapon has been seized and retained by a member of the Police Force under this Act; or
be delivered to another person who is lawfully entitled to possess the weapon if the weapon has been seized and retained by a member of the Police Force under this Act.
A person claiming to be lawfully entitled to possess a weapon relating to an offence may, in relation to an order under this section —
be heard in the proceedings for the offence;
make an application under section 71 of the Criminal Procedure Act 2004 as if the person were a party to the proceedings for the offence; and
appeal against the order under Part 2 of the Criminal Appeals Act 2004.
[Section 16 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.]
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