s.6PROCEDURE FOR FORFEITURE
6
Section 6Part 0 —

PROCEDURE FOR FORFEITURE

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Where a constable has reasonable cause to suspect that any article, vehicle or property is being used or has been used in the commission of an offence against this Law, the constable may without warrant search the article, vehicle or property, and if it appears that the article, vehicle or property is being used or has been used for the commission of any offence as aforesaid, the constable may seize and detain the article, vehicle or property.
Where any article, vehicle or property is seized pursuant to subparagraph (1) and a person is convicted of an offence under this Law, if the court before which he is convicted is satisfied that —— (a) the person owns the article, vehicle or property used in the commission of the offence; (b) the owner permitted it to be used; or (c) the circumstances are otherwise such that it is just to do so, the court shall, upon an application by the Director of Public Prosecutions, order the forfeiture of the article, vehicle or property.
the person owns the article, vehicle or property used in the commission of the offence;
the owner permitted it to be used; or
the circumstances are otherwise such that it is just to do so,
On the application of the Director of Public Prosecutions before a magistrate, the magistrate may make an order in accordance with subparagraph (4), notwithstanding that the conditions mentioned in subparagraph (2) have not been satisfied.
The magistrate may order the forfeiture of the article, vehicle or property if the magistrate is satisfied that —— (a) the article, vehicle or property has been abandoned; or (b) the circumstances in which the article, vehicle or property was seized give reasonable cause to suspect that it was being used or has been used for the purpose of committing an offence against this Law, and it is otherwise just to do so.
the article, vehicle or property has been abandoned; or
the circumstances in which the article, vehicle or property was seized give reasonable cause to suspect that it was being used or has been used for the purpose of committing an offence against this Law,
Where the Director of Public Prosecutions intends to apply to the magistrate for an order of forfeiture of any article, vehicle or property under paragraph 1(3) he shall, subject to subparagraph (2), give to any person who, to his knowledge, was at the time of the seizure, the owner of the article, vehicle or property, notice of the seizure and the intention to apply for forfeiture and the grounds thereof.
Notice shall not be required under subparagraph (1) if the seizure under paragraph 1 was made in the presence of the owner or his servant or agent.
Where the Director of Public Prosecutions is unable to ascertain the owner of or any person having an interest in any article, vehicle or property that he intends to be the subject of an application for an order of forfeiture, he shall publish a notice in a daily newspaper circulating in the Islands regarding the intention to apply to a magistrate for an order of forfeiture, not less than thirty days prior to the application.
Any person having a claim to any article, vehicle or property seized under this Law may appear at the hearing of the application for forfeiture and show cause why such an order should not be made.
Where, on the hearing of an application for forfeiture pursuant to paragraph 1(3), no person appears before the magistrate to show cause as mentioned in subparagraph (4), the magistrate shall presume that the article, vehicle or property has been abandoned.
If, upon the application of a person prejudiced by a forfeiture order, the magistrate is satisfied that it is just in the circumstances of the case to revoke the order, the magistrate may —— (a) revoke such order upon such terms and conditions, if any, as the magistrate deems appropriate; and (b) without prejudice to the generality of sub-subparagraph (a), require such person to pay in respect of storage, maintenance, administrative expenses, security and insurance of the article, vehicle or property, such amount as may be charged by the person in whose custody the article, vehicle or property was kept.
revoke such order upon such terms and conditions, if any, as the magistrate deems appropriate; and
without prejudice to the generality of sub-subparagraph (a), require such person to pay in respect of storage, maintenance, administrative expenses, security and insurance of the article, vehicle or property, such amount as may be charged by the person in whose custody the article, vehicle or property was kept.
An application to the magistrate under subparagraph (6) for the revocation of an order shall be made within thirty days of the date of the order or such longer period not exceeding six months after the date of the order as the magistrate may allow.

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