10Court may make fortification removal order

10 Court may make fortification removal order

(1)  On receipt of an application under section 7 , a court of petty sessions may order the removal or modification of a fortification in place at the premises in respect of which the application is made.

(2)  A court of petty sessions may make an order under subsection (1) if the court is satisfied that –

(a) there is a fortification in place at the premises in respect of which the application is made; and

(b) there are reasonable grounds to believe that the premises are being used, have been used, or are likely to be used –

(i) for or in connection with the commission of a specified offence; or

(ii) to conceal evidence of a specified offence; or

(iii) to keep the proceeds of a specified offence.

(3)  For the purposes of subsection (2) , a court of petty sessions may be satisfied of the matters specified in paragraph (b) of that subsection without having to determine whether the relevant specified offence has been committed.

(4)  A court of petty sessions may hear and determine an application under section 7 whether or not a person, who has made an objection under section 9 in respect of the application, appears at the hearing of the application.