HL Deb 27 March 2000 vol 611 c51WA
Lord Hardy of Wath

asked Her Majesty's Government:

Whether they will enable and encourage courts to order the confiscation of any airgun used or involved in the committing of an offence. [HL1562]

Lord Bassam of Brighton

Under Section 43 of the Powers of Criminal Courts Act 1973, courts are empowered to make an order of forfeiture of property (including, if relevant, an airgun). This power is available where the court is satisfied of a limited set of circumstances:

that the property has been used for committing or facilitating the commission of an offence or that it was intended to be so used; or

where the possession of the property was itself the offence.

Exercise of this power is entirely at the discretion of the court in the light of the circumstances of the offence and the offender.