Part VIIFurther powers of courts
Powers to deprive offender of property used etc. for purposes of crime
143 Powers to deprive offender of property used etc. for purposes of crime.
1
Where a person is convicted of an offence and the court by or before which he is convicted is satisfied that any property which has been lawfully seized from him, or which was in his possession or under his control at the time when he was apprehended for the offence or when a summons in respect of it was issued—
a
has been used for the purpose of committing, or facilitating the commission of, any offence, or
b
was intended by him to be used for that purpose,
the court may (subject to subsection (5) below) make an order under this section in respect of that property.
2
Where a person is convicted of an offence and the offence, or an offence which the court has taken into consideration in determining his sentence, consists of unlawful possession of property which—
a
has been lawfully seized from him, or
b
was in his possession or under his control at the time when he was apprehended for the offence of which he has been convicted or when a summons in respect of that offence was issued,
the court may (subject to subsection (5) below) make an order under this section in respect of that property.
3
An order under this section shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police.
4
Any power conferred on a court by subsection (1) or (2) above may be exercised—
a
whether or not the court also deals with the offender in any other way in respect of the offence of which he has been convicted; and
b
without regard to any restrictions on forfeiture in any enactment contained in an Act passed before 29th July 1988.
5
In considering whether to make an order under this section in respect of any property, a court shall have regard—
a
to the value of the property; and
b
to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).
6
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 F1or 7Aof the M1Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test F1or to give permission for such a 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 subsection (2) or (3) of section 170 of the M2Road Traffic Act 1988 (duty to stop and give information or report accident),
the vehicle shall be regarded for the purposes of subsection (1) above (and section 144(1)(b) below) as used for the purpose of committing the offence (and for the purpose of committing any offence of aiding, abetting, counselling or procuring the commission of the offence).
7
Subsection (6) above applies to—
a
an offence under the M3Road Traffic Act 1988 which is punishable with imprisonment;
b
an offence of manslaughter; and
c
an offence under section 35 of the Offences Against the M4Person Act 1861 (wanton and furious driving).
8
Facilitating the commission of an offence shall be taken for the purposes of subsection (1) above to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.