HC Deb 25 July 1988 vol 138 cc191-2

Amendment made: No. 174, in page 46, line 1, leave out subsections (1) and (2) and insert— '(1) The court before which proceedings are brought against a person for an offence under section 107 may, if satisfied that at the time of his arrest or charge—

  1. (a) he had in his possession, custody or control in the course of a business an infringing copy of a copyright work, or
  2. (b) he had in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it had been or was to be used to make infringing copies,
order that the infringing copy or article be delivered up to the copyright owner or to such other person as the court may direct. (2) For this purpose a person shall be treated as charged with an offence—
  1. (a) in England, Wales and Northern Ireland, when he is orally charged or is served with a summons or indictment;
  2. (b)in Scotland, when he is cautioned, charged or served with a complaint or indictment.
 (3) An order may be made by the court of its own motion or on the application of the prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), and may be made whether or not the person is convicted of the offence, but shall not be made—
  1. (a) after the end of the period specified in section(Period after which remedy of delivery up not available under Part I) (period after which remedy of delivery up not available), or
  2. (b) if it appears to the court unlikely that any order will be made under section(Order as to disposal of infringing copy or other article) (order as to disposal of infringing copy or other article).'.—[Mr. Butcher.]

No. 175, in page 46, line 19, leave out subsection (4) and insert '; and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the infringing copy or article has been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence.'.

No. 176, in page 46, line 21, leave out subsection (5) and insert— '(5) A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, under section(Order as to disposal of infringing copy or other article). (6) Nothing in this section affects the powers of the court under section 43 of the Powers of Criminal Courts Act 1973, section 223 or 436 of the Criminal Procedure (Scotland) Act 1975 or Article 7 of the Criminal Justice (Northern Ireland) Order 1980 (general provisions as to forfeiture in criminal proceedings).'.

No. 177, in page 48, line 14, leave out clause 113.—[Mr. Butcher.]

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