Section 9: Forfeiture

9. Forfeiture (1) Where a person is convicted of an offence under section 3, 4 or 5, the Court shall make an order that any ship, mode of conveyance or property, used in, or in connection with, the commission of such offence, be forfeited to the State, unless the owner of the ship, mode of conveyance or property or the person legally entitled to its possession establishes, to the satisfaction of the Court, that the ship, mode of conveyance or property was used in or in connection with the commission of the offence without his knowledge or connivance. [Issue 4] P8A – 6 (2) Any ship, mode of conveyance or property forfeited by an order made under subsection (1), shall vest absolutely in the State. (3) The vesting shall take effect where— (a) no appeal has been made from the conviction or forfeiture order within the statutory time limit, on the expiration of the delay for such appeal; (b) an appeal has been made against the conviction or forfeiture order, upon the final determination of such appeal affirming or upholding the forfeiture order. (4) Where any ship, mode of conveyance or property is vested in the State by an order made under subsection (1), the Court shall cause such ship, conveyance or property to be sold by public auction and the proceeds of the sale shall be credited to the Consolidated Fund. (5) This section shall be in addition to and not in derogation from the Court’s powers to order the estreatment or forfeiture of any property in pursuance of its power under any other enactment.