May be made by | A magistrates’ court or the Crown Court |
Relevant legislation | Sentencing Act 2020, Part 7, Chapter 4 |
Availability | The court has the power to deprive an offender of any property used, or intended to be 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. This includes where it is committed by aiding, abetting, counselling, or procuring.
Facilitating the commission of the offence includes any steps taken to, either dispose of any property relating to the offence or avoid apprehension or detection. |
Vehicles used for the purpose of certain offences | A vehicle is to be treated as used for the purpose of certain offences (see below) where the person commits the offence by:
Those offences are:
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Considerations | The court must have regard to the value of the property and the likely financial and other effects on the offender of making the order.
If the court considers that the offence related to immigration or asylum, or was committed for a purpose in connection with immigration or asylum, it may order that the property is to be taken into the possession of the Secretary of State. |