Part IGeneral

Miscellaneous

37Forfeiture of vehicles: Scotland

1

In each of sections 223 and 436 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (forfeiture of property) after subsection (1) there shall be inserted—

1A

Where a person commits an offence to which this subsection applies by—

a

driving, attempting to drive, or being in charge of a vehicle, or

b

failing to comply with a requirement made under section 7 of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or

c

failing, as the driver of a vehicle, to comply with subsections (2) or (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident),

the vehicle shall be regarded for the purposes of subsection (1)(a) above as used for the purpose of committing the offence.

2

In section 223 of that Act after subsection (1A) there shall be inserted—

1B

Subsection (1A) above applies to—

a

an offence under the Road Traffic Act 1988 which is punishable with imprisonment,

b

an offence of culpable homicide.

3

In section 436 of that Act after subsection (1A) there shall be inserted—

1B

Subsection (1A) above applies to an offence under the [1988 c. 52.] Road Traffic Act 1988 which is punishable with imprisonment.