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forfeiture

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ananda | 14:33 Thu 29th Oct 2009 | Law
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is forfeiture compatible with European Law? Has it been de facto abolished?
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What exactly do you mean by forfeiture?

The process is used as an ancillary order when sentencing a number of offences in the UK. A couple of examples that spring to mind are the forfeiture (and destruction) of drugs when a person is convicted of possession, and the same of knives, guns, etc. when convictions for possession of them are recorded.

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15:23 Thu 29th Oct 2009
What exactly do you mean by forfeiture?

The process is used as an ancillary order when sentencing a number of offences in the UK. A couple of examples that spring to mind are the forfeiture (and destruction) of drugs when a person is convicted of possession, and the same of knives, guns, etc. when convictions for possession of them are recorded.

On a wider scale there is the Proceeds of Crime Act where goods and/or monies are seized if it can be shown that they were obtained from ill gotten gains.

As far as I know neither of these processes has fallen foul of European law (by which I imagine you mean the European Convention on Human Rights and the associated UK Human Rights Act of 1998.

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