Section 108(3)

An order may be made by the court of its own motion or on the application of the prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), and may be made whether or not the person is convicted of the offence, but shall not be made— after the end of the period specified in section 113 (period after which remedy of delivery up not available), or if it appears to the court unlikely that any order will be made under section 114 (order as to disposal of infringing copy or other article).

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Source: legislation.gov.uk · retrieved 2026-09-04