(1) Subject to subsection (2), the court before which proceedings are brought against a person for an offence under section 51 may, if it is satisfied that at the time of his or her arrest or charge—
(a) he or she had in his or her possession, custody or control in the course of a business an infringing copy of a protected work; or
(b) he or she had in his or her possession, custody or control an article specifically designed or adapted for making copies of a particular protected work knowing or having reason to believe that it had been or was to be used to make infringing copies,
order that the infringing copy or article be delivered up to the copyright owner 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, so, however, that the court shall not make an order—
(a) after the time specified in section 138; or
(b) if it appears to the court unlikely that any order will be made under section 145.
(3) An appeal lies from an order made under this section to the Court of Appeal.
(4) A person to whom an infringing copy or other article 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.