Section 36

The Court trying any person accused of an offence under this

Act may at the conclusion of the trial, whether he is convicted or not, order that the conveyance, moveable property, book, record, report or document or any human organ seized from that person be forfeited.

Anti-Trafficking in Persons and

Anti-Smuggling of Migrants 37

Where there is no prosecution with regard to any offence under this Act—

The notice in paragraph (3)(b) shall specify that there is no prosecution in respect of such conveyance, moveable property, book, record, report or document and that such conveyance, moveable property, book, record, report or document will be forfeited at the expiration of one calendar month from the date of service of the notice unless a claim is made by the person from whom the conveyance, moveable property, book, record, report or document was seized.

Upon receipt of the notice issued under paragraph (3)(b), any person asserting that he is the owner of any conveyance, moveable property, book, record, report or document seized under this Act which is not liable to forfeiture may, personally or by his agent authorized in writing by him, give written notice to the enforcement officer in whose possession the conveyance, moveable property, book, record, report or document is held.

Upon receipt of a notice under subsection (5), the enforcement officer who made the seizure shall refer the matter to the Court for its determination.

The Court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the conveyance, moveable property, book, record, report or document and the person from whom it was seized to appear before the

Court, and upon their appearance or default to appear, due service of the summons being proved, the Court shall proceed to the examination of the matter, and on proof that such conveyance, moveable property, book, record, report or document was the subject matter of or was used in the commission of an offence under this Act, shall order the conveyance, moveable property, book, record, report or document to be forfeited or may, in the absence of such proof, order the release of such conveyance, moveable property, book, record, report or document to the person entitled to it.

Act 670

Any conveyance, moveable property, book, record, report or document or any human organ forfeited or deemed to be forfeited shall be disposed of in any manner as the enforcement officer deems fit.

Cost of holding conveyance, moveable property, etc., seized