142NInstrument forfeiture orders

1. Following a hearing under section 142K, the court may, if it is satisfied that the property described in the notice given under section 142B is an instrument of crime, order that the instrument of crime or any part of it specified by the court be forfeited to the Crown.

2. In considering whether or not to make an instrument forfeiture order under subsection (1) in respect of particular property, the court may have regard to—

3. any matter raised in an application for relief under section 142J; and
4. the use that is ordinarily made, or was intended to be made, of the instrument of crime; and
5. any undue hardship that is reasonably likely to be caused to any person by the operation of such an order; and
6. the nature and extent of the offender’s interest in the instrument of crime (if any), and the nature and extent of any other person’s interest in it (if any); and
7. in addition to the matters referred to in section 77(1) of the Criminal Proceeds (Recovery) Act 2009, any other matter relating to the nature and circumstances of the qualifying instrument forfeiture offence or the offender, including the gravity of the qualifying instrument forfeiture offence.

8. A court that makes an instrument forfeiture order may, if it considers that it is appropriate to do so, by order,—

9. declare the nature, extent, and value of any person’s interest in an instrument of crime; and
10. declare that the instrument forfeiture order may, to the extent to which it relates to the interest, be discharged under section 85 of the Criminal Proceeds (Recovery) Act 2009.

11. If the court orders that property (other than money) be forfeited to the Crown, the court must specify in the order the amount that it considers to be the value of the property at the time the order is made.

12. If a court makes an instrument forfeiture order, the court may give any directions that are necessary or convenient for giving effect to the order.