26Orders for forfeiture

26 Orders for forfeiture

(1)  Where a court has convicted a person of an offence against this Act, it may, in addition to any penalty it may impose, make either or both of the following orders:

(a) an order that any listening device used in the commission of the offence be forfeited to the Crown or destroyed;

(b) an order that any record of a private conversation –

(i) to which the offence relates; or

(ii) which was obtained by the use of a listening device to which the offence relates –

be forfeited to the Crown or destroyed.

(2)  Before making an order under subsection (1) , the court may require notice to be given to, and may hear, such persons as the court thinks fit.

(3)  Without affecting any other right of appeal, an order under subsection (1) may be appealed against in the same manner as if it were, or were part of, a sentence imposed in respect of the offence.

(4)  [Section 26 Subsection (4) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Where an order is made under subsection (1) that a listening device or record be forfeited to the Crown or destroyed, any police officer may seize the listening device or record for the purpose of giving effect to the order.