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Forfeiture order – drug offences

May be made by	A magistrates’ court or the Crown Court
Relevant legislation	Misuse of Drugs Act 1971, section 27 Psychoactive Substances Act 2016, section 54
Availability – Misuse of Drugs Act offences	Where an offender has been convicted of an offence under: Misuse of Drugs Act 1971 Paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences) or Paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 (inchoate offences) the court may order that anything shown to the satisfaction of the court to relate to the offence, be forfeited and either destroyed or dealt with in such other manner as the court may order. The court shall not order anything to be forfeited where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless they have been given an opportunity to show cause why the order should not be made.
Availability – Psychoactive Substances Act offences	Where an offender has been convicted of an offence under Psychoactive Substances Act 2016: Section 4 – Producing a psychoactive substance Section 5 – Supplying, or offering to supply, a psychoactive substance Section 6 – Aggravation of offence under section 5 Section 7 – Possession of psychoactive substance with intent to supply Section 8 – Importing or exporting a psychoactive substance Section 9 – Possession of a psychoactive substance in a custodial institution Section 26 – Offence of failing to comply with an access prohibition etc, or An ancillary offence as defined by section 54(11) the court must make an order for the forfeiture of any psychoactive substance in respect of which the offence was committed. The court may also make an order for the forfeiture of any other item that was used in the commission of the offence. Before making a forfeiture order, the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of the item or otherwise to have an interest in it. Where the court makes a forfeiture order, it may also make such other provision as it considers to be necessary for giving effect to the forfeiture. This may include provision relating to the retention, handling, destruction or other disposal of the item.