Singapore legislation
Section 4
Section 4
Court to order forfeiture of road vehicle
(1)
Where it is proved to the satisfaction of a court that a road vehicle has been used —
in the commission of a scheduled offence or that any scheduled offence has been committed in respect of the road vehicle or in respect of any article found in the road vehicle or on any person found in the road vehicle;
to convey persons to the scene where a scheduled offence has been committed; or
for the escape or to facilitate the escape of any person from the scene of a scheduled offence,and that the road vehicle has been seized by the police, the court is, on the written application of the Attorney-General, to make an order for the forfeiture of the road vehicle, notwithstanding that no person may have been convicted of any scheduled offence.
(2)
Any police officer may seize any road vehicle liable to forfeiture under the provisions of this Act.
(3)
An order for the forfeiture or for the release of a road vehicle liable to forfeiture under this section may be made by the court before which the prosecution with regard to the scheduled offence has been held.
(4)
If there be no prosecution with regard to any scheduled offence, the road vehicle seized under subsection (2) must be forfeited at the expiry of one month from the date of seizure unless a claim to the road vehicle is made before that date. Any person asserting that the person is the owner of that road vehicle may personally or by that person’s agent authorised in writing give written notice to the Commissioner of Police that the person claims the road vehicle.
(5)
Upon receipt of a notice under subsection (4), the Commissioner of Police may direct that the road vehicle be released or may refer the matter by information to a Magistrate.
(6)
The Magistrate on receipt of an information under subsection (5) or on the written application of the Attorney‑General, is to hold an inquiry and proceed to the examination of the matter and on proof that the road vehicle was used —
in the commission of a scheduled offence or that any scheduled offence has been committed in respect of the road vehicle or any article found in the road vehicle or on any person found in the road vehicle;
to convey persons to the scene where a scheduled offence has been committed; or
for the escape or to facilitate the escape of any person from the scene of a scheduled offence,is to order the road vehicle to be forfeited or may in the absence of such proof order its release.
(7)
A person is not, in any proceedings in any court in respect of the seizure of any road vehicle seized in exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the road vehicle, unless such seizure was made without reasonable or probable cause.