168Disposal of property seized or delivered up

#### 168 Disposal of property seized or delivered up 168 Disposal of property seized or delivered up > > (1) Subject to this section, where— > > > > > (a) a person is convicted of an offence against this Act or the regulations, > > > > > (b) property relating to the offence, or in the possession of the offender at the time of the commission of the offence, has been seized under section 164 or delivered up under section 165, and > > > > > (c) any person applies to the court prescribed in relation to the property for an order that the property be delivered to a specified person, > > > > that court may, whether or not it is the court making the conviction, make such an order. > > > (2) Subject to this section, where— > > > > > (a) property has been seized under section 164 or delivered up under section 165, and > > > > > (b) proceedings for an offence (being an offence on or after a conviction for which an order could be made under subsection (1) in respect of the property)— > > > > > > > (i) have not been commenced within 2 years after the seizure or delivering up of the property, or > > > > > > > (ii) have been dismissed by a court, > > > > the court prescribed in relation to the property (whether or not it is the court dismissing the proceedings in the case of property relating to proceedings referred to in paragraph (b) (ii)) may, on the application of any person, order that the property be delivered to a specified person. > > > (3) An application for an order under subsection (1) may be made at the time of the conviction referred to in that subsection if the court making the conviction is the court prescribed in relation to the property to which the application relates. > > > (4) An application for an order under subsection (1) or (2) may not be made— > > > > > (a) in the case of an application for an order under subsection (1)—later than 1 month after the conviction referred to in that subsection, or > > > > > (b) in the case of an application for an order under subsection (2) (b) (i)—later than 3 months after the expiration of the period of 2 years referred to in that subparagraph, or > > > > > (c) in the case of an application for an order under subsection (2) (b) (ii)—later than 1 month after the date on which the proceedings were dismissed. > > > (5) Where property has been seized under section 164 or delivered up under section 165 and— > > > > > (a) no application for an order under subsection (1) or (2) has been duly made, or > > > > > (b) such an application has been duly made and such an order has been refused, > > > > the property the subject of the application and, where the property has been sold under section 167, the proceeds of the sale, shall be deemed to have been forfeited. > > > (6) For the purposes of this section— > > > > > (a) the value of any property sold under section 167 is an amount equal to the amount of the net proceeds of sale, and > > > > > (b) the court prescribed in relation to any property is such court as would, if the value of the property were the amount of a debt, be a court of competent jurisdiction for the recovery of that debt. > > > (7) An order shall not be made by a court under this section in relation to fauna seized or delivered up in connection with an offence under section 102 unless the court is satisfied that the fauna will be adequately cared for by the person to whom the fauna is to be delivered under the order. > > > (8) An order shall not be made by a court under this section in relation to fauna that has been destroyed or returned to its natural environment under section 167, but if the order is nevertheless made, it does not have any effect. > > **s 168:** Am 1983 No 183, Schs 5 (14), 6 (6) (14); 1986 No 133, Sch 1 (7); 1986 No 218, Sch 28, Part 1 (8); 1989 No 226, Sch 1; 1993 No 108, Sch 2; 1999 No 85, Sch 1.20 \[11\]–\[15\].