Ancillary Orders Consultation
Forfeiture of drugs and psychoactive substances
|
Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. |
||
|
May be made by |
A magistrates' court or the Crown Court |
|
|
Relevant legislation |
||
|
Availability - Misuse of Drugs Act offences |
Where an offender has been convicted of an offence under:
the court may order that anything shown to the satisfaction of the court to relate to the offence, be forfeited and either destroyed or dealt with in such other manner as the court may order. The court shall not order anything to be forfeited where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless they have been given an opportunity to show cause why the order should not be made. |
|
|
Availability - Psychoactive Substances Act offences |
Where an offender has been convicted of an offence under Psychoactive Substances Act 2016:
the court must make an order for the forfeiture of any psychoactive substance in respect of which the offence was committed. The court may also make an order for the forfeiture of any other item that was used in the commission of the offence. Before making a forfeiture order, the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of the item or otherwise to have an interest in it. Where the court makes a forfeiture order, it may also make such other provision as it considers to be necessary for giving effect to the forfeiture. This may include provision relating to the retention, handling, destruction or other disposal of the item. |
|
Sentencing guidelines that will include a drop down of this guidance:
- Fraudulent evasion of a prohibition by bringing into or taking out of the UK a controlled drug
- Importing or exporting a psychoactive substance
- Permitting premises to be used
- Possession of a controlled drug/ Possession of a controlled drug with intent to supply it to another
- Possession of psychoactive substance with intent to supply/ Supplying or offering to supply a psychoactive substance
- Producing a psychoactive substance
- Production of a controlled drug/ Cultivation of cannabis plant
- Unfit through drink or drugs (drive/ attempt to drive)
- Unfit through drink or drugs (in charge)