Forfeiture of means of conveyance and other articles relating to the offence

(1) Where a person is convicted of an offence or of an attempt to commit an offence or of soliciting or inciting the commission of an offence under this Act and the court by which such person is convicted finds that any aircraft, vessel, vehicle or any other means of conveyance of whatever description was used or employed by such person in the commission or to facilitate the commission of the offence of which he is convicted, such aircraft, vessel, vehicle or other means of conveyance of whatever description shall be forfeited. (2) Without prejudice to sub-section (1), where a person is convicted of an offence under this Act, the court shall, in passing sentence, order forfeiture to the Government, of any article, money or other valuable consideration relating to the offence. (3) The owner of any aircraft, vessel, vehicle or any other means of conveyance of whatever description in respect of which an order of forfeiture has been made under sub-section (1), shall have the right of appeal of an accused person and may appeal to the court to which the appeals normally lie from the decisions of the court which made the order of forfeiture. (4) Where any substance, article, vehicle, vessel, boat, aircraft or any other means of conveyance of whatever description is seized and detained by a member of the Belize Police Department under section 25(2)(c), a magistrate shall, upon the written application by the Commissioner of Police, made after the expiry of 30 days, inquire into the circumstances in which such substance, article, vehicle, vessel, boat, aircraft or other means of conveyance of whatever description was seized 44 and detained and the Magistrate shall determine whether or not an offence against this Act has been committed in respect of it and whether or not it was used or employed in the commission of any such offence; and if the magistrate so determines, such substance, article, vehicle, vessel, aircraft or any other means of conveyance of whatever description shall be forfeited. (5) For the purposes of this section, “aircraft”, “vessel” and “vehicle” respectively include everything contained in, being on or attached to any aircraft, vessel or vehicle as the case may be, which, in the opinion of the court, forms part of the equipment of such aircraft, vessel or vehicle. (6) The proceeds of forfeitures made under this section and under section 30, other than controlled drugs, may be– (a) applied to the treatment and rehabilitation of persons addicted, within the meaning of the regulations, to controlled drugs of any description; (b) applied to the use of the National Drug Abuse Control Council for the performance of its functions under this Act; and (c) made available to the Police Department for the prevention and detection of offences under this Act, Provided that not less than 25% of such proceeds in any year shall be applied for the purpose mentioned in (c) of this sub- (7) Subject to any regulations made under this Act, controlled drugs under this section shall be destroyed or disposed of in accordance with the directions of the court, provided that a senior police officer designated by the Commissioner of Police shall be present at the time of the destruction or disposal. 45 (8) Where any person is discharged or acquitted of an offence against this Act, the court which tried the case may thereafter make such order as it thinks fit for the forfeiture and destruction or other disposal of all drugs, substances and articles in respect of which the said person was charged. (9) At any stage of a criminal proceeding pending against an accused person, the court hearing the case may, on the written application of a police officer of or above the rank of assistant inspector, order the destruction or other disposal of all or any of the substances in respect of which the said person had been charged, if it is a controlled drug and if the court is of the opinion that this can be done consistently with the interests of justice. (10) If, upon the application of any person, other than the accused person, prejudiced by a forfeiture order made under this Part, the court is satisfied that neither he nor his agent or servant knew or believed or had reasonable grounds to believe that any such vehicle, vessel, boat, aircraft or any other means of conveyance, , was used or employed in the commission of any offence, the court may, upon such terms and conditions, as it deems fit, revoke that forfeiture order. (11) An application under sub-section (10), shall be made either at the time when such order is made or within thirty days of the date of the order. assets from drug