Section 25D: Detention of ship, aircraft or vehicle, Immigration Act 1971

If a person has been arrested for an offence under section 25 or 25A, a senior officer or a constable may detain a relevant ship, aircraft or vehicle—

until a decision is taken as to whether or not to charge the arrested person with that offence; or

if the arrested person has been charged—

until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle.

A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or constable concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 25C.

A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that—

he owns the ship, aircraft or vehicle,

he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or

he is a charterer of the ship or aircraft.

The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if—

the arrested person is convicted; and

an order for its forfeiture is made under section 25C.

In the application to Scotland of subsection (1), for paragraphs (a) and (b) substitute—

"Court" means—

in England and Wales—

if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;

in Scotland, the sheriff; and

in Northern Ireland—

if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.

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"Senior officer" means an immigration officer not below the rank of chief immigration officer.

Section 25D: Detention of ship, aircraft or vehicle

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