Forfeiture: Copyright, Designs and Patents Act

Forfeiture: Copyright, Designs and Patents Act 1988 Section 108
Under section 108(1) the court before which proceedings are brought against a person for an offence under section 107 may, if satisfied that at the time of his arrest or charge -

(a) he had in his possession, custody or control in the course of a business and infringing copy of a copyright work, or
(b) he had in his possession, custody or control an article specially designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it had been or was to be used to make infringing copies.

Order that the infringing copy of article be delivered up to the copyright owner or to such other person as the court may direct.

Under section 108(3) an order may be made by the court ... Whether or not the person is convicted of the offence.

Forfeiture: Copyright, Designs and Patents Act 1988 Section 114
Under section 114(1) an application may be made to the court for an order that an infring ing copy or other article be delivered up in pursuance of an order under section 99 or 108, or seized and detained in pursuance of the right conferred by section 100, shall be -

(a) forfeited to the copyright owner, or
(b) destroyed or otherwise dealt with as the court may think fit, or for a decision that no such order should be made.
Forfeiture: video recordings act 1984 section 21
Under section 21(1) where a person is convicted of any offence under this act, the court may order any video recording -
(a) produced to the court, and
(b) shown to the satisfaction of the court to relate to the offence, to be forfeited.

Forfeiture: Trade Marks Act 1994 Section 97
Under section 97 trade marks act 1995 a court has various powers of forfeiture. It is worth noting that an application for forfeiture of goods, materials or articles maybe made by way of complaint to a magistrates court, where no proceedings have been brought against an individual section 97(2) and (3).

Forfeiture: Powers of Criminal Courts
(sentencing) act 2000 section 43

Where a person is convicted of an offence and the court by or before which he is convicted is satisfied that any property which has been lawfully seized from him, or which was in his possession or under his control at the time when he was apprehended for the offence or when a summons in respect of it was issued-

(a) has been used for the purpose of committing, or facilitating the commission of, any offence, or
(b) was intended by him to be used for that purpose,
The court may (subject to subsection (5) below) make an order under this section in respect of that property.

(2) where a person is convicted of an offence and the offence, or an offence which the court has taken into consideration in determining his sentence, consists of unlawful possession of property which-
(a) has been lawfully seized from him, or
(b) was in his possession or under his control at the time when he was apprehended for the offence of which he has been convicted or when a summons in respect of that offence was issued,
The court may (subject to subsection (5) below) make an order under this section in respect of that property.

(3) an order under this section shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police.

(4) any power conferred on a court by subsection (1) or (2) above may be exercised-
(a) whether or not the court also deals with the offender in any other way in respect of the offence of which he has been convicted; and
(b) without regard to any restrictions on forfeiture in any enactment contained in an act passed before 29th july 1988.

(5) in considering whether to make an order under this section in respect of any property, a court shall have regard-
(a) to the value of the property; and
(b) to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).
Section 145 - (1) where a court makes an order under section 143 above in a case where-
(a) the offender has been convicted of an offence which has resulted in a person suffering personal injury, loss or damage, or
(b) any such offence is taken into consideration by the court in determining sentence,

The court may also make an order that any proceeds which arise from the disposal of the property and which do not exceed a sum specified by the court shall be paid to that person.

(2) the court may make an order under this section only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the specified amount.
(3) an order under this section has no effect-
(a) before the end of the period specified in section 144 (l)(a) above; or
(b) if a successful application under section ,1(1) of the police (property) act 1897 has been made.