(1) The court before which proceedings are brought against a person for an offence under section 131 may, if satisfied that at the time of his or her arrest or charge he or she had in his or her possession, custody or control in the course of a business an illicit recording of a performance, order that it be delivered up to a person having performers' rights or recording rights in relation to the performance or to such other person as the court may direct.
(2) An order may be made by the court of its own motion or on the application of the prosecution and may be made whether or not the person is convicted of the offence, but shall not be made—
(a) after the end of the period specified in section 146; or
(b) if it appears to the court unlikely that any order will be made under section 145.
(3) An appeal lies to the Court of Appeal from an order made under this section.
(4) A person to whom an illicit recording is delivered up under an order under this section shall retain it pending the making of an order, or the decision not to make an order, under section 145.