37PPeriod of clamping or confiscation for second prescribed offence

37P Period of clamping or confiscation for second prescribed offence

[Section 37P Amended by No. 39 of 2007, s. 11, Applied:21 Nov 2007] [Section 37P Substituted by No. 62 of 2009, s. 11, Applied:11 Dec 2009]

(1)  This section applies if –

(a) a police officer finds a person offending in respect of a prescribed offence (referred to in this section as "the new prescribed offence"); and

(b) [Section 37P Subsection (1) amended by No. 15 of 2014, s. 31, Applied:19 Dec 2014] [Section 37P Subsection (1) amended by No. 20 of 2020, s. 10, Applied:28 Sep 2020] the person has previously been proceeded against by way of a complaint, or indictment, in respect of a prescribed offence on one occasion.

(2)  [Section 37P Subsection (2) amended by No. 20 of 2017, s. 10, Applied:13 Sep 2017] [Section 37P Subsection (2) amended by No. 20 of 2017, s. 10, Applied:13 Sep 2017] Subject to subsection (3) , the vehicle used in connection with the new prescribed offence may be clamped or confiscated for a period of 3 months unless otherwise extended under section 37T(3)(b) .

(3)  [Section 37P Subsection (3) inserted by No. 20 of 2017, s. 10, Applied:13 Sep 2017] If –

(a) the new prescribed offence is an offence under section 11A(2A) of the Police Powers (Vehicle Interception) Act 2000 ; and

(b) the prescribed offence that the person has previously been proceeded against was also under that subsection –

the vehicle used in connection with the new prescribed offence is to be clamped or confiscated for a period of 12 months unless otherwise extended under .