C9C3C4 Part III Criminal Proceedings
Pt. 3 extended (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1 (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Pt. 3 modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))
C1C2C5C6C7C8F125CC4 Forfeiture of vehicle, ship or aircraft
1
This section applies where a person is convicted on indictment of an offence under section 25 F13or 25A.
2
The court may order the forfeiture of a 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 in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—
a
in the case of a ship, if subsection (5) or (6) applies;
b
in the case of an aircraft, if subsection (5) or (7) applies.
5
This subsection applies where—
a
in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and
b
a person who, at the time the offence was committed, owned the ship or aircraft or 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 25 F14or 25A.
6
This subsection applies where a ship’s gross tonnage is less than 500 tons.
7
This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.
8
Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations.
9
In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—
a
b
an individual who is F6the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).F3the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015F9the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).
10
In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—
a
an asylum-seeker (within the meaning of that section), and
b
an individual who is F7the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).F4the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015F10the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).
11
In the case of an offence under section 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is F8the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).F5the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015F11the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).
Pt. 3 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; and (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(4)(5); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)