Sentencing Act 2020

160Orders for forfeiture etc under other ActsE+W

(1)For circumstances in which the court may be required to order forfeiture of certain material, see—

Function of making orderDescription of order
section 4A(1) of the Dangerous Dogs Act 1991certain offences under that Act: contingent order for destruction of dog
section 25 or 29I of the Public Order Act 1986forfeiture of written material or recordings to which certain offences under Part 3 or 3A of that Act apply (racial or religious hatred or hatred on grounds of sexual orientation)
section 1(4) of the Obscene Publications Act 1964forfeiture of articles seized under section 3 of the Obscene Publications Act 1959 where person convicted under section 2 of that Act.

(2)For provision about other forfeiture orders and deprivation orders etc that are available to courts dealing with offenders for particular offences, see—

Power to make orderDescription of order
section 18 of the Cultural Property (Armed Conflicts) Act 2017offence under section 17 of that Act: forfeiture of unlawfully exported property
section 11 of the Modern Slavery Act 2015forfeiture of vehicle, ship or aircraft on conviction of offence under section 2 of that Act (human trafficking)
sections 7 and 11A of the Terrorism Act 2006

forfeiture of certain things in offender's possession for purposes of offence under—

(a)

section 6 of that Act (training for terrorism), or

(b)

section 9 or 10 of that Act (misuse of or threats connected with radioactive device or material)

sections 33, 35, 37, 38 and 40 of the Animal Welfare Act 2006deprivation and destruction of animals and equipment on conviction of certain offences under that Act
section 23 of the Terrorism Act 2000forfeiture of money and property on conviction of certain offences under that Act (terrorist property offences)
section 23A of the Terrorism Act 2000

forfeiture of money and property on conviction of—

(a)

certain offences under that Act or the Terrorism Act 2006, or

(b)

offences F1... which have a terrorist connection

section 120A of the Terrorism Act 2000supplementary power to forfeit items on conviction of certain offences under that Act (weapons training and possessing things and collecting information for the purposes of terrorism)
section 6 of the Knives Act 1997offences under sections 1 and 2 of that Act: forfeiture of knives and publications
sections 4 and 4A(4) of the Dangerous Dogs Act 1991order for destruction of dog, or contingent destruction order, on conviction of certain offences under that Act
section 33C of the Environmental Protection Act 1990

deprivation of rights in vehicle used for certain offences under—

(a)

section 33 of that Act, or

(b)

the Environmental Permitting Regulations

consisting of the disposal or deposit of waste

section 6 of the Crossbows Act 1987offence under that Act: forfeiture or disposal of crossbow or any part
section 7 of the Forgery and Counterfeiting Act 1981order for forfeiture of objects relating to offences under Part 1 of that Act (forgery and kindred offences)
section 24(3) of the Forgery and Counterfeiting Act 1981forfeiture of anything related to an offence under section 19 of that Act (reproducing British currency notes or making imitation British coins)
section 42(3) of the Health and Safety at Work etc Act 1974offence under relevant statutory provisions (within the meaning of that Act): forfeiture of explosive article or substance
section 25C of the Immigration Act 1971forfeiture of ship, vehicle or aircraft connected with offence under section 25, 25A or 25B of that Act (assisting unlawful immigration to member State or entry to the UK in certain circumstances)
section 27 of the Misuse of Drugs Act 1971

forfeiture order in case of certain offences under—

(a)

that Act, or

(b)

certain provisions of the Proceeds of Crime Act 2002

section 52 of the Firearms Act 1968

forfeiture and disposal of firearm in certain cases including—

(a)

offences under that Act,

(b)

offence for which custodial sentence is imposed,

(c)

certain offences under the Violent Crime Reduction Act 2006, and

(d)

other circumstances where conditions are imposed on offender with respect to firearms

section 3 of the Children and Young Persons (Harmful Publications) Act 1955forfeiture of copies of work to which the Act applies and other articles on conviction under section 2 of that Act
section 1(2) of the Prevention of Crime Act 1953offence under section 1(1) of that Act (carrying offensive weapon without reasonable excuse or lawful authority)
section 3 of the Incitement to Disaffection Act 1934power to order destruction etc of documents connected with offence under that Act.

(3)Nothing in this section is to be taken to affect—

(a)the power of a court to make an order under this Chapter,

(b)any function of a court of making an order mentioned in the table in subsection (1) or (2), or

(c)any other power or duty of a court to make an order for the forfeiture or destruction of any material.

Textual Amendments

Modifications etc. (not altering text)

C1S. 160: power to exclude conferred by 2006 c. 52, Sch. 6A para. 13 (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1S. 160 in force at 1.12.2020 by S.I. 2020/1236, reg. 2