[297D Forfeiture of unauthorised decoders: Scotland]
Copyright, Designs and Patents Act 1988 (1988 c 48) | Legislation

[297D  Forfeiture of unauthorised decoders: Scotland]

[(1)     In Scotland the court may make an order under this section for the forfeiture of unauthorised decoders.

(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 unauthorised decoders only if it is satisfied that a relevant offence has been committed in relation to the unauthorised decoders.

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

(5)     The procurator-fiscal making

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