SCHEDULES
SCHEDULE 1DETENTION AND FORFEITURE OF CERTAIN VEHICLES, SHIPS AND AIRCRAFT
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.