Order for delivery up of illicit recording in criminal proceedings

(1) The court before which proceedings are brought against a person for an offence under section 121 of this Act may, if satisfied that at the time of his arrest or charge he had in his possession, custody or control in the course of a business an illicit recording of a performance, order that it be delivered up to a person having performer’s rights or recording rights in relation to the performance or to such other person as the court may direct. (2) An order may be made by the court of its own motion or on the application of the prosecution and may be made whether or not the person is convicted of the offence, but shall not be made, (a) after the end of the period specified in section 136 of this Act; or (b) if it appears to the court unlikely that any order will be made under section 135 of this Act. (3) An appeal lies to the court to which the appeals normally lie from the court which made the order under this 118 (4) A person to whom an illicit recording is delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, under section 135 of this Act.