| May be made by |
A magistrates’ court or the Crown Court |
| Relevant legislation |
Terrorism Act 2000, Part III, section 23A and section 120A |
| Availability (section 23A) |
Where a person is convicted of an offence listed below, the court may order the forfeiture of any money or other property if the money or property was, at the time of the offence, in the possession or control of the person convicted and –
- it had been used for the purposes of terrorism,
- it was intended by that person that it should be used for the purposes of terrorism, or
- the court believes that it will be used for the purposes of terrorism unless forfeited.
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| Offences
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- Terrorism Act 2000
- section 54 (weapons training);
- section 57, 58 or 58A (possessing things and collecting information for the purposes of terrorism);
- section 58B (entering or remaining in a designated area)
- o section 59, 60 or 61 (inciting terrorism outside the United Kingdom);
- Terrorism Act 2006
- section 2 (dissemination of terrorist publications);
- section 5 (preparation of terrorist acts);
- section 6 (training for terrorism);
- sections 9 to 11 (offences involving radioactive devices or materials).
- Any ancillary offence, as defined in section 94 of the Counter-Terrorism Act 2008.
- Any offence which has been determined to have a terrorist connection (in accordance with section 69 Sentencing Code).
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| Additional forfeiture powers (section 120A) |
In addition to those powers set out above the court has the following powers of forfeiture: |
| Section 54 (weapons training) |
Anything that the court considers to have been in the possession of the person for purposes connected with the offence. |
| Section 57 (possession for terrorist purposes) |
Any article that is the subject matter of the offence. |
| Section 58 (collection of information) |
Any document or record containing information of the kind mention in sub section (1)(a) of that section. |
| Section 58A (eliciting, publishing or communicating information about members of armed forces etc) |
Any document or record containing information of the kind mentioned in subsection (1)(a) of that section. |
| Considerations |
When considering the powers of forfeiture under section 23A the court shall have regard to—
- the value of the property, and
- the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).
Before making a forfeiture order under s23A or s120A the court must give an opportunity to be heard to any person, (other than the offender), who claims to be the owner or otherwise interested in anything which can be forfeited under that section. |
| Implementing the order |
Where the court makes a forfeiture order under section 23A or section 120A it may also make any other order it deems necessary to give effect to the forfeiture in particular it may:
- require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;
- direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;
- appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;
- direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person who the court is satisfied is the owner, or an interested person.
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| In force |
A forfeiture order under section 23A or section 120A does not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time). |