Illegal Immigrants (Trafficking) Act, 2000
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Forfeiture of ship, aircraft or other vehicle. |
4.—(1) Where a person is convicted on indictment of an offence under section 2 and a vehicle was used by the person for the purpose of committing or facilitating the commission of the offence, the court concerned may, in addition to or instead of any penalty that it may impose under section 2 , order the vehicle with its equipment, fittings and furnishings, or the appropriate share thereof, to be forfeited to the State and may make such other orders as it considers necessary or expedient for the purpose of giving effect to the forfeiture. | |
(2) Subsection (1) shall not apply to a person unless the person convicted is— | ||
(a) the owner of, or of a share in, the vehicle concerned, or | ||
(b) a director or manager of a company which is the owner of, or of a share in, the vehicle concerned, or | ||
(c) subject to subsection (3), the captain, driver or other person in charge of the vehicle concerned. | ||
(3) In a case where the person convicted is the captain, driver or other person in charge of the vehicle concerned, subsection (1) shall not apply unless the persons referred to in paragraph (a) or (b) knew or could with reasonable diligence have discovered that the vehicle was being used for the purpose of the commission of an offence under section 2 . | ||
(4) Whenever an order is made under this section, a member of the Garda Síochána may, for the purpose of giving effect thereto— | ||
(a) seize and detain the vehicle concerned, and | ||
(b) do such other things as are authorised by the order or are necessary for the purpose aforesaid. | ||
(5) A court shall not order a vehicle to be forfeited under this section in a case where a person claiming to be the owner of it or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to the person to show cause why the order should not be made. | ||
(6) In considering whether to make an order under this section a court shall have regard— | ||
(a) to the value of the property, and | ||
(b) to the likely financial and other effects on the person whose property it is proposed to forfeit of the making of the order (taken together with any other order that the court contemplates making). | ||
(7) A court may, in making an order under this section, include such provisions in that order, or, as the case may require, may make an order supplemental to that order that contains such provisions, as appear to it to be necessary to protect any interest in the property, the subject of the order, of a person other than the person in respect of whom subsection (1) applies. | ||
(8) An order under this section shall not take effect until the ordinary time for instituting an appeal against the order or the conviction concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired. | ||
(9) In this section, “owner”, in relation to a vehicle which is the subject of a hire-purchase agreement (within the meaning of the Consumer Credit Act, 1995 ), includes the person in possession of it under that agreement. |