127 When order for delivery up may be made

(1)

An order may—

(a)

be made under section 126 by the court of its own motion or on the application of the prosecution; and

(b)

be made whether or not the person is convicted of the offence; but

(c)

not be made if it appears to the court unlikely that an order will be made under section 128.

(2)

A person to whom goods or an object is delivered up under an order made under section 126 must retain the goods or object pending the making of an order or the decision not to make an order under section 128.

Compare: 1994 No 143 s 132(2), (4)