§ 289 Clause 279, page 124, line 35, leave out from 'may' to 'goods' in line 37 and insert ', if satisfied that at the time of his arrest or charge he had in his possession, custody or control—
§ 290 Page 124, leave out lines 45 to 50 and insert 'order that the goods or material be delivered up to such person as the court may direct.
§ (2) For this purpose a person shall be treated as charged with an offence—
- (a) in England, Wales and Northern Ireland, when he is orally charged or is served with a summons or indictment;
- (b) in Scotland, when he is cautioned, charged or served with a complaint or indictment.
§ (3) An order 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), but shall not be made if it appears to the court unlikely that any order will be made under section 58BA (order as to disposal of offending goods or material).'.
§ 291 Page 125, line 5, leave out subsection (4) and insert '; and in Scotland, where an order has been made under this section, person from whose possession, custody or control the goods or material have 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.'.
§ 292 Page 125, leave out lines 8 to 14 and insert—
§ '(5) A person to whom goods or material are delivered up in pursuance of an order under this section shall retain it pending the making of an order under section 58BA.
§ (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).'.
§ 293 Page 125, line 14, at end insert—
§ 'Order as to disposal of offending goods or material.
§ 58BA.—(1) Where goods or material have been delivered up in pursuance of an order under section 58B, an application may be made to the court for an order that they be destroyed or forfeited to such person as the court may think fit.
§ (2) Provision shall be made by rules of court as to the service of notice on persons having an interest in the goods or material, and any such person is entitled—
- (a) to appear in proceedings for an order under this section, whether or not he was served with notice, and
- (b) to appeal against any order made, whether or not he appeared;
§ (3) Where there is more than one person interested in goods or material, the court shall make such order as it thinks just.
§ (4) References in this section to a person having an interest in goods or material include any person in whose favour an order could be made under this section or under section (Order 355 as to disposal of infringing copy or other article), (Order as to disposal of illicit recordings) or (Order as to disposal of infringing article, &c.) of the Copyright, Designs and Patents Act 1988 (which make similar provision in relation to infringement of copyright, rights in performances and design right).
§ (5) Proceedings for an order under this section may be brought—
- (a) in a county court in England, Wales and Northern Ireland, provided the value of the goods or material in question does not exceed the county court limit for actions in tort, and
- (b) in a sheriff court in Scotland;
§ Lord Strathclyde
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 289 to 293 en bloc.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 289 to 293 en bloc.—(Lord Strathclyde.)
§ On Question, Motion agreed to.