'Draconian' legislation’ under fire

Press, 26 August 1977, Page 3

'Draconian' legislation’ under fire

PA Wellington i Section 448 of the Criminal Justice Amendment Act, . Under which a court may . order the confiscation of , motor vehicles, was des- ; cribed as "Draconian legisla- ! tion” by the chairman of the . National Council of Civil Liberties (Mr N. Dunning) , yesterday. “It can be unnecessarily harsh,” he said. “Not onlyj can an offender suffer the Usual penalty but he can, in addition, lose his car. “It can be done even if you are not the driver or person in charge of the veEicle.” Mr Dunning said that the Vehicle could be taken away even if the person was not the main offender. The section also automatically forbade the offender from buying another car for a year. [j There were some circum- [ Stances where these powers ■ could be used, but they had), to be used very sparingly. [, The provisions in their I , present form seemed to . create too wide a discretion ‘ and a double penalty could i. result. The legislation says that’, courts may order the l ! Confiscation of any motor! 1 tehicle used by a person to commit offences if that per-! ( Son is convicted of any i 1 crime punishable by a term ’ »f a year’s imprisonment. Courts may' order the tonfiscation if they are j satisfied that the vehicle the | offender owns, jointly owns. t>r has an interest in was Ised to facilitate the com-[ mission of an offence, irrespective of whether the offen-i tier was the driver. The vehicle may also be Ordered to be sold if it was

Used by the offender, even if tie was not the driver, to facilitate flight or avoid ar|est. When a car is confiscated tnder Section 44, it is auctioned publicly. The proteeds are used first to pay (he cost of the sale, second. Io pay any amount owed by the offender — including Inything owed on the car — Ind third, to pay any fines, tourt costs, or compensation the offender has been Ordered to pay. The .est is paid to the Iffender.