REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
(d)
Page 61 of 67
the possession of which constituted the offence,
to be forfeited to the State.
(2) A court convicting a person of an offence referred to in section 51 may, in addition
to any penalty which it may impose in respect of that offence, declare any equipment,
other than listed equipment(a)
by means of which the offence was committed;
(b)
which was used in connection with the commission of the offence;
(c)
which was found in the possession of the convicted person; or
(d)
the possession of which constituted the offence,
to be forfeited to the State.
(3) Any listed equipment or other equipment declared forfeited under subsection (1) or
(2) must, as soon as practicable after the date of declaration of forfeiture, be delivered to
the Police Service.
(4) Any listed equipment or other equipment delivered to the Police Service in terms of
subsection (3) must, in the case of(a)
listed equipment declared forfeited under subsection (1), be kept by
the Police Service(i)
for a period of four months with effect from the date of
declaration of forfeiture;
(ii)
if an application referred to in subsection (6) (a) is made, until a
final decision in respect of any such application has been given;
or
(iii)
if an application referred to in subsection (7) (a) is made, until a
final decision in respect of any such application has been given,
and must(aa)
(b)
as soon as practicable after the expiry of the period referred
to in subparagraph (i);
(bb)
if the decision referred to in subparagraph (ii) has been given
against the telecommunication service provider or other
person concerned, as soon as practicable after that decision
has been given; or
(cc)
if an application referred to in subparagraph (iii) has been
refused, as soon as practicable after such refusal; or
equipment declared forfeited under subsection (2), be kept by the
Police Service(i)
for a period of 30 days with effect from the date of declaration of
forfeiture; and
(ii)
must as soon as practicable after the expiry of the period
referred to in subparagraph (i),
be destroyed by the Police Service.
(5) A declaration of forfeiture under subsection (1) does not affect any right which any
telecommunication service provider or other person, other than the convicted person,
may have to such listed equipment, if it is proved that such telecommunication service
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