Q&As

Can a local authority apply for a forfeiture order for illegal and counterfeit goods and how is this done?

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Published on: 25 July 2024
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It is assumed that this question relates to the making of deprivation and forfeiture orders in criminal proceedings following conviction and not the forfeiture of cash under the Proceeds of Crime Act 2002 for the purposes of this response.

There are a number of statutes which provide the criminal courts in England and Wales with the power to order the forfeiture and destruction of property following conviction. Whether an application to the court can be made on conviction for the forfeiture of items will depend upon the offence for which the offender can been convicted and whether specific powers of forfeiture are granted by the legislation for that particular offence or whether the general provisions of Sentencing Act 2020 (SA 2020) apply. It is the responsibility of both the prosecution and defence advocates to ensure that any application for a deprivation/forfeiture order is lawful and properly made

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Jurisdiction(s):
United Kingdom

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