Singapore legislation
Clause 51
Clause 51
Forfeiture of seized vehicles
(1)
Subject to this section, all vehicles liable to seizure under the provisions of this Act are liable to forfeiture by a court.
(2)
An order for the forfeiture, or an order for the release of a vehicle liable to forfeiture, under this section may be made by the Authority if it is satisfied that —
the vehicle is a non‑compliant personal mobility device, non‑compliant bicycle or non‑compliant PAB;
an offence under this Act has been committed and that the vehicle was the subject matter, or was used in the commission, of the offence; and
a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 55.
(3)
If there is no prosecution with regard to an offence under this Act, the vehicle seized under section 50 may be forfeited by the Authority at the end of 30 days after the date of the seizure —
if the vehicle is a non‑compliant personal mobility device, non‑compliant bicycle or non‑compliant PAB; and
if no claim to the vehicle is made in the prescribed manner to the Authority before the end of that period.
(4)
Upon receipt of a claim mentioned in subsection (3)(b), the Authority may direct that the vehicle be released or may refer the matter by information to a Magistrate.
(5)
The Magistrate must, on receipt of an information under subsection (4), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and must, on proof that the vehicle was used in the commission of an offence under this Act, order the vehicle to be forfeited, or may in the absence of such proof order its release.
(6)
In any proceedings under subsection (5), the burden of proof lies on the person asserting that the person is the owner of the vehicle concerned, and on the person from whom the vehicle was seized, as the case may be.
(7)
In any proceedings in any court in respect of the forfeiture of any vehicle seized in exercise or the purported exercise of any power conferred under section 50, no person is entitled to the costs of such proceedings or to any damages or other relief except an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.