PART 1Offences
Penalties and sentencing
I111Forfeiture of land vehicle, ship or aircraft
1
This section applies if a person is convicted on indictment of an offence under section 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 subsection (3)(a) or (b) does not apply to the convicted person, forfeiture of a ship or aircraft may be ordered only if subsection (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 subsection 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 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.