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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Instrument forfeiture orders

142C: Duties of court on notification

You could also call this:

"What the court must do when it gets a special notice about taking away someone's things."

Illustration for Sentencing Act 2002

When the court gets a notice under section 142B, it decides if it should think about making an instrument forfeiture order. If the court thinks it should, you must tell the prosecutor to give out any notices that section 142E says are needed. The court can also ask the prosecutor to give it more information under section 142F.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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142B: Duties of prosecutor if offender guilty of qualifying instrument forfeiture offence, or

"What the prosecutor must do if someone is guilty of a crime that means they might lose something they own."

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142D: Notice of possible instrument forfeiture order may be recorded on registers, or

"A court can put a warning note on public records if it's thinking about taking someone's property away."

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Instrument forfeiture orders

142CDuties of court on notification

  1. On receiving notice under section 142B, the court, if it is of the opinion that it should consider making an instrument forfeiture order,—

  2. must direct the prosecutor to issue and serve any notice required by section 142E:
    1. may direct the prosecutor to report further information to the court under section 142F.

      Notes
      • Section 142C: inserted, on , by section 10 of the Sentencing Amendment Act 2009 (2009 No 10).