Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
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.
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:
- driving, attempting to drive, or being in charge of a motor vehicle;
- failing to provide a specimen; or
- failing to stop and/or report an accident