Commentary on Sections Part 1: Offences Section 12:  Detention of land vehicle, ship or aircraft
66.Subsections (1) to (3) enable a constable or immigration officer not below the rank of chief immigration officer to detain a vehicle, ship or aircraft of a person arrested for an offence under section 2 if it is one which the constable or officer 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 11. Detention is permitted until a decision is taken whether or not to charge the arrested person, until the arrested person is acquitted, the charge against him dismissed or the proceedings discontinued, or, where the person is subsequently convicted, until the court makes a decision on forfeiture.
67.Subsection (4) lists the circumstances in which a person other than the arrested person may apply to the court for the release of that vehicle, ship or aircraft. Subsection (5) provides that on such an application the court may release the vehicle, ship or aircraft subject to satisfactory security or surety and on condition that it is made available to the court if the arrested person is convicted and if an order under section 11 is made. Similar provisions are currently contained in section 60B of the Sexual Offences Act 2003.