Criminal Justice (Smuggling of Persons) Act 2021
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Power to detain vehicle | ||
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15. (1) Where a person is arrested for an offence under section 6 or 7 and a member of the Garda Síochána suspects a vehicle of having been used by the person for the purpose of the commission of the offence, the member may detain the vehicle for a period not exceeding 48 hours. | ||
(2) At any time before the expiration of the period referred to in subsection (1), on application to it in that behalf by a member of the Garda Síochána, the court may, if it is satisfied that— | ||
(a) proceedings have been instituted or are to be instituted against the person for an offence under section 6 or 7 , | ||
(b) there are reasonable grounds for believing that the vehicle is one which could, on conviction on indictment of the person for that offence, and having regard to section 16 (6), be the subject of a forfeiture order under that section, and | ||
(c) 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, | ||
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 paragraph (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 that subsection, 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) A vehicle shall not be detained under this section for periods exceeding 2 years in total. | ||
(b) The detention of a vehicle under this section shall cease where proceedings for an offence under section 6 or 7 have been instituted against the person and— | ||
(i) the proceedings are summary proceedings, | ||
(ii) the proceedings are discontinued, or | ||
(iii) the person is acquitted of the charge concerned and the time for taking an appeal has passed. | ||
(5) At any time while a vehicle is being detained under this section, a person specified in paragraph (a), (b) or (c) of section 16(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 paragraphs (a), (b) and (c) of 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 16 , | ||
or | ||
(c) order the release of the vehicle subject to such other conditions as it considers appropriate, including a condition that the vehicle is not, pending the determination of the proceedings for the offence, removed from the State, sold, destroyed or otherwise disposed of. | ||
(6) If a vehicle released on the giving of security referred to in subsection (5)(b) is removed from the State, sold, destroyed or otherwise disposed of without the leave of the court, the court may order the forfeiture of the security. | ||
(7) This section is without prejudice to any power to seize or detain property which may be exercised by a member of the Garda Síochána or any other person under this Act or any other enactment. | ||
(8) In this section, “court” means— | ||
(a) if proceedings have not been instituted against the person for an offence under section 6 or 7 , the District Court, and | ||
(b) if proceedings have been instituted, the court hearing the proceedings. | ||
(9) A reference in this section and section 16 to a vehicle includes a reference to the equipment, fittings and furnishings of the vehicle. |