[204B Forfeiture: Scotland]
Copyright, Designs and Patents Act 1988 (1988 c 48) | Legislation

[204B  Forfeiture: Scotland]

[(1)     In Scotland the court may make an order under this section for the forfeiture of any illicit recordings.

(2)     An order under this section may be made—

(a)     on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c 46), or

(b)     where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose.

(3)     On an application under subsection (2)(a), the court shall make an order for the forfeiture of any illicit recordings only if it is satisfied that a relevant offence has been committed in relation to the illicit recordings.

(4)     The court may infer for the purposes of this section that such an offence has been committed in relation to any illicit recordings if it is satisfied that such an offence has been committed in relation to illicit recordings which are representative of the illicit recordings in question (whether by reason of being part of the same consignment or batch or otherwise).

(5)     The procurator-fiscal making the application under subsection

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