An exclusion order can be made in addition to any other sentence including an absolute or conditional discharge

* premises licensed for the supply of alcohol for consumption on the premises

The purpose of the order is to prevent the offender from creating a nuisance and possible danger to the licensee or customers of licensed premises.

Psychoactive Substances Act 2016, section 54

Availability – Misuse of Drugs Act offences

• 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.

• 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.

The court shall make an order for forfeiture only if it is satisfied that a relevant offence has been committed in relation to the goods, material or articles.

A court may infer that such an offence has been committed in relation to any goods, material or articles if it is satisfied that such an offence has been committed in relation to goods, material or articles which are representative of them (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

• an offence under section 92 of the Trade Marks Act 1994 (unauthorised use of trade mark, etc in relation to goods)
• an offence under the Trade Descriptions Act 1968
• an offence under the Business Protection from Misleading Marketing Regulations 2008
• an offence under the Consumer Protection from Unfair Trading Regulations 2008
• an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or
• any offence involving dishonesty or deception

On making an order under this section the court may, if it considers it appropriate to do so, direct that the goods, material or articles to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person

(a)  causes the offending sign to be erased, removed or obliterated, and

(b)  complies with any order to pay costs which has been made against them in the proceedings for the order for forfeiture.

Availability

Where the holder of a personal licence is convicted of a relevant offence the court may:

• order the forfeiture of the licence or
• order its suspension for a period not exceeding 6 months.

A relevant offence is one listed in Schedule 4.

• the name and address of the relevant person
• the nature and date of the conviction, and
• any sentence passed in respect of it, including whether an order was made to forfeit or suspend the licence, and send a copy of the notice to the relevant person.

Availability

NB for bladed article offences see deprivation of property order.

Section 15(1) or (2) or Section 16

The court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which-

• had been used for the purposes of terrorism, or
• they intended should be used, or had reasonable cause to suspect might be used, for those purposes.

Section 15(3)

The court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which-

• had been used for the purposes of terrorism, or
• which, at that time, they knew or had reasonable cause to suspect would or might be used for those purposes.

Section 17 or Section 18

The court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which-

• had been used for the purposes of terrorism, or
• was, at that time, intended by them to be used for those purposes.

Section 17

The court may order the forfeiture of the money or other property to which the arrangement in question related, and which-

• had been used for the purposes of terrorism, or
• at the time of the offence, the person knew or had reasonable cause to suspect would or might be used for those purposes.

Section 17A

The court may order the forfeiture of the amount paid under, or purportedly under, the insurance contract.

Section 18

The court may order the forfeiture of the money or other property to which the arrangement in question related.

Sections 15 to 18

The court may order the forfeiture of any money or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence.

• 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).

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.

• 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.

• 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.

• 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).

• 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.

• 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.

• causing unnecessary suffering (s.4)
• mutilation (s.5)
• docking of dogs’ tails (ss.6(1) and 6(2))
• administration of poisons etc. (s.7), or
• fighting etc. (s.8)

the court by or before which the offender is convicted may order any qualifying item which is shown to the satisfaction of the court to relate to the offence to be forfeited, and destroyed, or dealt with in such manner as may be specified in the order.

Qualifying item:

• section 4 offences: anything designed or adapted for causing suffering to an animal
• section 5 offences: anything designed or adapted for carrying out a prohibited procedure on an animal
• section 6(1) or (2) offences: anything designed or adapted for removing the whole or any part of a dog’s tail
• section 7 offences: anything designed or adapted for administering any drug or substance to an animal
• section 8(1) or (2) offences: anything designed or adapted for use in connection with an animal fight
• section 8(3) offences: a video recording of an animal fight, including anything on or in which the recording is kept.

Availability

Some offences become relevant if the offence is committed during a period ‘relevant’ to a football match. The following periods are ‘relevant’ to a football match (Football Spectators Act 1989, Sch.1 para.4):

(a) the period beginning: i) 24 hours before the start of the match; or ii) 24 hours before the time at which it is advertised to start; whichever is the earliest, and ending 24 hours after the end of the match;

(b) where a match advertised to start at a particular time on a particular day is postponed to a later day, or does not take place, the period in the advertised day beginning 24 hours before and ending 24 hours after that time.

It is immaterial whether the evidence would have been admissible in the proceedings in which the offender was convicted.

A banning order made on conviction must be made:

(a)  in addition to a sentence imposed in respect of the relevant offence, or

(b)  in addition to an order discharging the offender conditionally.

• The order requires the offender to report to a police station within five days, may require the offender to surrender his or her passport, and may impose requirements on the offender in relation to any regulated football matches.
• The order may, if the court thinks fit, impose additional requirements on the person subject to the order in relation to any regulated football matches.

(a)  a change of any of his names

(b)  the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order

(c)  a change of his home address

(d)  his acquisition of a temporary address

(e)  a change of his temporary address or his ceasing to have one

(f)   his becoming aware of the loss of his passport

(g)   receipt by him of a new passport

(h)  an appeal made by him in relation to the order

(i)  an application made by him under section 14H(2) for termination of the order

(j)  an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.

A notification required by a banning order must be given before the end of the period of seven days beginning with the day on which the event in question occurs and

• in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address
• in the case of a first use of a previously undisclosed name, must specify that name, and
• in the case of a receipt of a new passport, must give details of that passport.

In any other case, the maximum is five years, and the minimum is three years.

If the offender fails to appear on the adjourned date, the court has the power to further adjourn or issue a warrant for the offender’s arrest.

Breach offences (other) – Sentencing (sentencingcouncil.org.uk)

• an offence under section 1 (dogs bred for fighting)
• an offence under section 3(1) (keeping dogs under proper control), or
• an offence created by an order under section 2 (other specifically dangerous dogs)

the court may order the offender to be disqualified for having custody of a dog.