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Property Disputes weekly highlights—23 September 2021
The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—23 September 2021
The Sentencing Act 2020 (SA 2020), also known as the Sentencing Code, is the principal source of the court's power to order the forfeiture of property connected with the commission of a criminal offence. The order is known as a 'deprivation order' and can be made by the Crown Court or a magistrates' court, in respect of any offence.
The procedure to be followed by the courts when making such orders is detailed in Practice Note: Restitution and deprivation orders.
Various statutes grant the courts the power to order the forfeiture of items following conviction for certain offences, should the court consider it appropriate to do so. Practitioners should always check the individual statutory provision creating the offence on which they are advising in order to identify whether provision is made for the forfeiture of property in respect of the offences that it creates.
Examples of some of the most common statutes containing forfeiture provisions which are relevant to corporate crime practitioners are highlighted below. A full list can be found in SA 2020, s 160.
For information on the procedure the courts must follow when making such orders, see Practice Note: Restitution and deprivation orders.
| Power to make an order for forfeiture | Details of the order |
| section 33C of the Environmental Protection Act 1990 (EPA 1990) | Deprivation of rights in vehicles used for offences under EPA 1990, s 33 or under the Environmental Permitting Regulations 2016, SI 2016/1154. See Practice Note: Unauthorised or harmful deposit, treatment or disposal of waste and Fly-tipping offences |
| sections 7, 24(3) of the Forgery and Counterfeiting Act 1981 | Order for forfeiture of objects relating to offences under Part 1 (copying a false instrument, using a false instrument, using a copy of a false instrument, offences relating to money orders, share certificates, passports etc) or offences under Part 2 (reproducing British currency notes and making etc imitation British coins). See Practice Notes: Forgery and Counterfeiting notes and coins |
| section 42(3) of the Health and Safety at Work etc Act 1974 | Order for the forfeiture of any explosive article or substance where convicted of an offences relating to the acquiring, attempt to acquire, possessing or using an explosive article. See Practice Note: Safety and the risk to safety under the Health and Safety at Work Act 1974 |
| section 11 of the Modern Slavery Act 2015 (MSA 2015) | Forfeiture of vehicle, ship or aircraft on conviction of a human trafficking offence under MSA 2015, s 2. See Practice Note: Human trafficking offences |
| section 25C of the Immigration Act 1971 (IA 1971) | Forfeiture of ship, vehicle or aircraft connected with offence under IA 1971, ss 25 or, 25A (assisting unlawful immigration to Member State or helping an asylum seeker to enter to the UK). See Practice Note: Immigration offences |
| sections 33, 35, 37, 38, 40 of the Animal Welfare Act 2006 | Deprivation and destruction of animals and equipment on conviction |
| section 6 of the Knives Act 1997 (KA 1997) | Forfeiture following conviction of offences under KA 1997, s 1 (unlawful marketing of knives) and KA 1997, s 2 (banned marketing of knives). See Practice Note: Offences relating to the sale of knives and Unlawful marketing and publication of knives |
| section 52 of the Firearms Act 1968 (FiA 1968) | Forfeiture and disposal of firearms in certain cases following conviction of certain offences. Not every offence under the FiA 1968 will entitle a court to make a forfeiture order. Reference should be made to the FiA 1968, Sch 6 Pt I–Sch 6 Pt II to establish the extent of the court's powers. |
| section 1(2) of the Prevention of Crime Act 1953 (PCA 1953) | Forfeiture following conviction of an offence under PCA 1953, s 1(2) of carrying offensive weapon without reasonable excuse or lawful authority. See Practice Note: Possession of an offensive weapon |
| section 27 of |
The Sentencing Act 2020 (SA 2020), also known as the Sentencing Code, is the principal source of the court's power to order the forfeiture of property connected with the commission of a criminal offence. The order is known as a 'deprivation order' and can be made by the Crown Court or a magistrates' court, in respect of any offence.
The procedure to be followed by the courts when making such orders is detailed in Practice Note: Restitution and deprivation orders.
Various statutes grant the courts the power to order the forfeiture of items following conviction for certain offences, should the court consider it appropriate to do so. Practitioners should always check the individual statutory provision creating the offence on which they are advising in order to identify whether provision is made for the forfeiture of property in respect of the offences that it creates.
Examples of some of the most common statutes containing forfeiture provisions which are relevant to corporate crime practitioners are highlighted below. A full list can be found in SA 2020, s 160.
For information on the procedure the courts must follow when making such orders, see Practice Note: Restitution and deprivation orders.
| Power |
The Sentencing Act 2020 (SA 2020), also known as the Sentencing Code, is the principal source of the court's power to order the forfeiture of property connected with the commission of a criminal offence. The order is known as a 'deprivation order' and can be made by the Crown Court or a magistrates' court, in respect of any offence.
The procedure to be followed by the courts when making such orders is detailed in Practice Note: Restitution and deprivation orders.
Various statutes grant the courts the power to order the forfeiture of items following conviction for certain offences, should the court consider it appropriate to do so. Practitioners should always check the individual statutory provision creating the offence on which they are advising in order to identify whether provision is made for the forfeiture of property in respect of the offences that it creates.
Examples of some of the most common statutes containing forfeiture provisions which are relevant to corporate crime practitioners are highlighted below. A full list can be found in SA 2020, s 160.
For information on the procedure the courts must follow when making such orders, see Practice Note: Restitution and deprivation orders.
| Power |
