Illegal Immigrants (Trafficking) Act, 2000
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Power to detain certain vehicles. |
3.—(1) Where a member of the Garda Síochána arrests a person for an offence under section 2 and a vehicle is suspected of having been used by the person for the purpose of committing or facilitating the commission of the offence, the member may detain the vehicle with its equipment, fittings and furnishings for a period not exceeding 48 hours. | |
(2) At any time before the expiry of the period referred to in subsection (1), on application to it in that behalf by a member of the Garda Síochána, the Court, if it is satisfied— | ||
(a) that the person referred to in subsection (1) has been or is about to be charged with an offence under section 2 , | ||
(b) that there are reasonable grounds for believing that the vehicle is one which could on conviction on indictment of the person of that offence, and having regard to subsection (6) of section 4 , be the subject of a forfeiture order under section 4 , and | ||
(c) that there are reasonable grounds for believing that the vehicle would be removed from the State or sold or otherwise disposed of before the determination of the proceedings for that offence, | ||
may make an order authorising the further detention of the vehicle by the Garda Síochána for such period, not exceeding 3 months, as may be specified in the order. | ||
(3) The Court may from time to time, if it is satisfied in relation to the matters referred to in paragraphs (a), (b) and (c) of subsection (2), on application to it in that behalf by a member of the Garda Síochána before the expiration of the period specified in an order under this section, make an order authorising the detention of the vehicle by the Garda Síochána for such further period not exceeding 3 months as may be specified in the order. | ||
(4) A vehicle shall not be detained under this section for periods exceeding in total 2 years and the detention of a vehicle under this section shall cease if the proceedings concerned are summary or are discontinued or if the person concerned is acquitted of the charge concerned. | ||
(5) At any time while a vehicle is being detained by virtue of this section, a person specified in paragraph (a), (b) or (c) of section 4 (2) may apply to the Court for its release and the Court may— | ||
(a) order the release of the vehicle unconditionally if it is satisfied that the matters referred to in subsection (2) no longer apply, | ||
(b) on such security being given as it considers satisfactory, release the vehicle subject to the condition that it will be delivered up to the Garda Síochána if— | ||
(i) the person concerned is convicted of the offence charged, and | ||
(ii) an order for its forfeiture is made under section 4 , | ||
(c) order the release of the vehicle subject to such other conditions as it considers appropriate, including a condition that the vehicle is not removed from the State, sold or otherwise disposed of, pending the determination of the proceedings for the offence, or | ||
(d) if the vehicle has been detained under this section and subsequently released on the giving of security under paragraph (b) and has been sold, destroyed or otherwise disposed of without the leave of the Court, order the forfeiture of the security. | ||
(6) In this section, “Court” means— | ||
(a) if the person concerned has not been charged with an offence under section 2 or if he or she has been so charged and proceedings for the offence have not commenced, the District Court, or | ||
(b) if he or she has been so charged and the proceedings concerned have commenced, the court hearing the proceedings. |