§ 40 — Forfeiture of seized articles, money, etc.

40.—(1) If a person is convicted of an offence under this Act, the court may, in addition to any other penalty that may be imposed, order to be forfeited any equipment, thing, document, or any money or money equivalent or other thing of value —(a)

used in the commission of the offence and found in the possession of the person when the offence was committed; or

(b)

seized under this Act in relation to the offence.

(2) A forfeiture order under subsection (1) —(a)

may include such provision about the treatment of the equipment, thing, document, or any money or money equivalent or other thing of value, forfeited as the court thinks appropriate; and

(b)

subject to any provision made under paragraph (a), must be treated as requiring any person in possession of the equipment, thing, document, or any money or money equivalent or other thing of value, to surrender it to the Authority, a police officer or an authorised officer as soon as is reasonably practicable.

(3) Subject to subsection (2), sections 364, 365 and 366 of the Criminal Procedure Code 2010 apply to any equipment, thing, document, or any money or money equivalent or other thing of value forfeited under this section or section 41.

—(1) If a person is convicted of an offence under this Act, the court may, in addition to any other penalty that may be imposed, order to be forfeited any equipment, thing, document, or any money or money equivalent or other thing of value —(a)

used in the commission of the offence and found in the possession of the person when the offence was committed; or

(b)

seized under this Act in relation to the offence.

(2) A forfeiture order under subsection (1) —(a)

may include such provision about the treatment of the equipment, thing, document, or any money or money equivalent or other thing of value, forfeited as the court thinks appropriate; and

(b)

subject to any provision made under paragraph (a), must be treated as requiring any person in possession of the equipment, thing, document, or any money or money equivalent or other thing of value, to surrender it to the Authority, a police officer or an authorised officer as soon as is reasonably practicable.

(3) Subject to subsection (2), sections 364, 365 and 366 of the Criminal Procedure Code 2010 apply to any equipment, thing, document, or any money or money equivalent or other thing of value forfeited under this section or section 41.