17 Forfeiture: Scotland

17  Forfeiture: Scotland

(1)     In Scotland a sheriff may make an order for forfeiture of any goods in relation to which there has been a contravention of a safety provision—

(a)     on an application by the procurator-fiscal made in the manner specified in section 310 of the Criminal Procedure (Scotland) Act 1975; or

(b)     where a person is convicted of any offence in respect of any such contravention, in addition to any other penalty which the sheriff may impose.

(2)     The procurator-fiscal making an application under subsection (1)(a) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the goods to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the goods should not be forfeited.

(3)     Service under subsection (2) above shall be carried out, and such service may be proved,

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