SCHEDULES
SCHEDULE 1DETENTION AND FORFEITURE OF CERTAIN VEHICLES, SHIPS AND AIRCRAFT
Forfeiture on conviction of offence under section 1 or 2
1
1
This paragraph applies if a person is convicted of an offence under section 1 or 2.
2
The court may order the forfeiture of a land vehicle used or intended to be used in connection with the offence if the convicted person—
a
owned the vehicle at the time the offence was committed,
b
was at that time a director, secretary or manager of a company which owned the vehicle,
c
was at that time in possession of the vehicle under a hire-purchase agreement,
d
was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or
e
was driving the vehicle in the course of the commission of the offence.
3
The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—
a
owned the ship or aircraft at the time the offence was committed,
b
was at that time a director, secretary or manager of a company which owned the ship or aircraft,
c
was at that time in possession of the ship or aircraft under a hire purchase agreement,
d
was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement,
e
was at that time a charterer of the ship or aircraft, or
f
committed the offence while acting as captain of the ship or aircraft.
4
But where sub-paragraph (3)(a) or (b) does not apply to the convicted person, forfeiture of a ship or aircraft may be ordered only if sub-paragraph (5) applies or—
a
in the case of a ship (other than a hovercraft), its gross tonnage is less than 500 tons;
b
in the case of an aircraft, the maximum weight at which it may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.
5
This sub-paragraph applies where a person who, at the time the offence was committed—
a
owned the ship or aircraft, or
b
was a director, secretary or manager of a company which owned it,
knew or ought to have known of the intention to use it in the course of the commission of an offence under section 1 or 2.
6
Where a person who claims to have an interest in a land vehicle, ship or aircraft applies to a court to make representations about its forfeiture, the court may not order its forfeiture without giving the person an opportunity to make representations.
Detention of certain vehicles, ships and aircraft
2
1
If a person (“P”) has been arrested for an offence under section 1 or 2, a constable may detain a relevant land vehicle, ship or aircraft.
2
A land vehicle, ship or aircraft is relevant if the constable has reasonable grounds to believe that an order for its forfeiture could be made under paragraph 1 if P were convicted of the offence.
3
The land vehicle, ship or aircraft may be detained—
a
until a decision is taken as to whether or not to charge P with the offence,
b
if P has been charged, until P is acquitted, the charge against P is dismissed or the proceedings are discontinued, or
c
if P has been charged and convicted, until the court decides whether or not to order forfeiture of the vehicle, ship or aircraft.
4
A person (other than P) may apply to the court for the release of the land vehicle, ship or aircraft on the grounds that the person—
a
owns the vehicle, ship or aircraft,
b
was, immediately before the detention of the vehicle, ship or aircraft, in possession of it under a hire-purchase agreement, or
c
is a charterer of the ship or aircraft.
5
The court to which an application is made under sub-paragraph (4) may, if satisfactory security or surety is tendered, release the land vehicle, ship or aircraft on condition that it is made available to the court if—
a
P is convicted, and
b
an order for its forfeiture is made under paragraph 1.
6
In this paragraph “the court” means—
a
if P has not been charged, or P has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;
b
if P has been charged and proceedings for the offence have begun to be heard, the court hearing the proceedings.
Interpretation
3
1
In this Schedule—
“captain” means master (of a ship) or commander (of an aircraft);
“land vehicle” means any vehicle other than a ship or aircraft;
“ship” includes every description of vessel (including a hovercraft) used in navigation.
2
In this Schedule a reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.