2164. Deputy Paula Butterly asked the Minister for Justice, Home Affairs and Migration if he will amend section 12 of the Criminal Justice (Theft and Fraud Offences) Act 2001 to provide that any vehicle suspected of having been used in the commission of a crime be automatically forfeited to the State; and if he will make a statement on the matter. [60091/26]

Section 61 of the Criminal Justice Act 1994 provides a statutory power for the forfeiture of property, where the applicable statutory requirements are satisfied. Following conviction, the court may make a forfeiture order in respect of property which has been lawfully seized from the offender, or which was in the offender’s possession or under his or her control at the relevant time, where the court is satisfied that the property was used for the purpose of committing or facilitating the commission of an offence, or was intended by the offender to be so used.

In considering whether to make such an order, the court is required to have regard to the value of the property and to the likely financial and other effects of the order on the offender. The legislation also affords a person claiming ownership of, or another interest in, the property an opportunity to show cause why a forfeiture order should not be made.

I can assure the Deputy that relevant legislation is kept under review.