Part III
Power to order forfeiture. 25.—(1) A court by or before which a person is convicted of—
- (a) an offence under section 18 relating to the display of written material, or
- (b) an offence under section 19, 21 or 23,
shall order to be forfeited any written material or recording produced to the court and shown to its satisfaction to be written material or a recording to which the offence relates.
(2) An order made under this section shall not take effect—
- (a) in the case of an order made in proceedings in England and Wales, until the expiry of the ordinary time within which an appeal may be instituted or, where an appeal is duly instituted, until it is finally decided or abandoned;
- (b) in the case of an order made in proceedings in Scotland, until the expiration of the time within which, by virtue of any statute, an appeal may be instituted or, where such an appeal is duly instituted, until the appeal is finally decided or abandoned.
(3) For the purposes of subsection (2)(a)—
- (a) an application for a case stated or for leave to appeal shall be treated as the institution of an appeal, and
- (b) where a decision on appeal is subject to a further appeal, the appeal is not finally determined until the expiry of the ordinary time within which a further appeal may be instituted or, where a further appeal is duly instituted, until the further appeal is finally decided or abandoned.
(4) For the purposes of subsection (2)(b) the lodging of an application for a stated case or note of appeal against sentence shall be treated as the institution of an appeal.
Supplementary provisions
Savings for reports of parliamentary or judicial proceedings. 26.—(1) Nothing in this Part applies to a fair and accurate report of proceedings in Parliament.
(2) Nothing in this Part applies to a fair and accurate report of proceedings publicly heard before a court or tribunal exercising judicial authority where the report is published contemporaneously with the proceedings or, if it is not reasonably practicable or would be unlawful to publish a report of them contemporaneously, as soon as publication is reasonably practicable and lawful.
Procedure and punishment. 27.—(1) No proceedings for an offence under this Part may be instituted in England and Wales except by or with the consent of the Attorney General.
