Order to deliver up in criminal proceedings

(1) Subject to subsection (2) of this section, the court before which proceedings are brought against a person for an offence under section 52 of this Act may, if it is satisfied that at the time of his arrest or charge, (a) he had in his possession, custody or control in the course of a business an infringing copy of a protected work; or (b) he had in his possession, custody or control an article specifically designed or adapted for making copies of a particular protected work knowing or having reason to believe that it had been or was to be used to make order that the infringing copy or article be delivered up to the copyright owner 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, so, however, that the court shall not make an order, (a) after the time 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 from an order made under this section by a defendant to the Supreme Court. (4) A person to whom an infringing copy or other article 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. General Public, etc.