Ancillary Orders Consultation

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

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:

• driving; attempting to drive, or being in charge of a vehicle,
• failing to provide a specimen or give permission for such a test in the course of an investigation into whether they had committed an offence while driving, attempting to drive or being in charge of a vehicle. Road Traffic Act 1988 section 7 or 7A, or
• failing, as the driver of a vehicle, to stop and give information or report an accident. Road Traffic Act 1988, section 170(2) and (3).

Those offences are:

• an offence under the Road Traffic Act 1988 which is punishable with imprisonment
• an offence of manslaughter
• an offence under section 35 of the Offences against the Person Act 1861 (wanton and furious driving).

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.