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The Criminal Law ( Clamping, Impounding and Forfeiture of Vehicles) Act 2007 provides Police (along with other specified authorities) the ability to impound a person’s vehicle if they are charged with, or have been reported for committing a ‘prescribed offence’. A prescribed offence includes some of the following common offences:

• Offences of Drink or Drug Driving (including extensions of ‘drink driving offences);
• Offences of Driving Whilst Disqualified or Suspended;
• Offences of Driving Uninsured or Unregistered;
• Offences of Driving Unauthorised;
• Offences of Mark Graffiti and other Graffiti related charges;
• Offence of Misusing a Motor Vehicle on Private Property; and
• Emitting Excessive Noise From Vehicle Using Amplified Device.

Interestingly, power is provided to Police to impound any vehicle registered to the accused. There are often examples in practice where a vehicle not used in the commission of an offence is impounded as a result of the charge.

A vehicle is impounded for 28 days and a fee is required upon release. If a person does not collect the vehicle after 28 days, overdue fees are incurred and eventually, further action including the ultimate destruction of the vehicle can occur. An interested party may apply for early release of a vehicle.

Recidivist offenders who are convicted of multiple of the above offences are liable to  the Prosecution possibly making an application to forfeit a vehicle. This would involve the destruction the of the vehicle.

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