51 Forfeiture of seized items by court on application
Psychoactive Substances Act 2016 (2016 c 2) | Legislation

51  Forfeiture of seized items by court on application

(1)     A relevant enforcement officer may apply to the appropriate court for the forfeiture of an item retained under section 49.

(2)     Where an application for the forfeiture of an item is made under this section, the item is to be retained while proceedings on the application are in progress.

(3)     If the court is satisfied that—

(a)     the item is a psychoactive substance which, if it had not been seized, was likely to be consumed by an individual for its psychoactive effects, and

(b)     at the time of its seizure, the item was not being used for the purposes of, or in connection with, an exempted activity (see subsection (12)) carried on by a person entitled to the item,

the court must order the forfeiture of the item.

(4)     If the item is not a psychoactive substance, the court may order the forfeiture of the item if satisfied

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