Criminal Justice (Smuggling of Persons) Act 2021

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Forfeiture of ship, aircraft or other vehicle

16. (1) Subject to this section, where a person is convicted on indictment of an offence under section 6 or 7 and the court by or before which the person is convicted is satisfied that a vehicle—

(a) was used by the person for the purpose of committing the offence, or

(b) was intended by the person to be used for that purpose,

the court concerned may, in addition to or instead of any penalty that it may impose under section 10 , order the vehicle, 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,

(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 person in charge of the vehicle concerned.

(3) In a case where the person convicted is the person in charge of the vehicle concerned, but not a person referred to in paragraph (a) or (b) of subsection (2) , subsection (1) shall not apply unless—

(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,

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 6 or 7 .

(4) Whenever an order is made under this section, a member of the Garda Síochána may, for the purpose of giving effect thereto—

(a) where the vehicle concerned is not already detained, 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, the court shall have regard to—

(a) the value of the property, and

(b) 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—

(a) in making an order under this section, include such provisions in that order, or

(b) as the case may require, 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) Where a vehicle is the subject of an order under this section, and subject to any provision in the order—

(a) the order shall operate to deprive the owner of his or her rights, if any, in the vehicle, and

(b) the vehicle may be disposed of in such manner as the Minister may direct.

(10) 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.

(11) Nothing in this section shall affect the operation of a provision in any other enactment under which property is, or may be ordered to be, forfeited as a result of a conviction for an offence.