7. Deprivation orders

The court has the power to deprive an offender of property used for the purpose of committing or facilitating the commission of an offence, whether or not it deals with the offender in any other way (Powers of Criminal Courts (Sentencing) Act 2000, s.143).

Before making the order, the court must have regard to the value of the property and the likely financial and other effects on the offender.

Without limiting the circumstances in which the court may exercise the power, a vehicle is deemed to have been used for the purpose of committing the offence where the offence is punishable by imprisonment and consists of:

  1. driving, attempting to drive, or being in charge of a motor vehicle;
  2. failing to provide a specimen; or
  3. failing to stop and/or report an accident (Powers of Criminal Courts (Sentencing) Act 2000, s.143(6) and s.143(7)).