Deprivation Orders

The court has the power to deprive an offender of property used for purposes of committing or facilitating the commission of an offence.

This power is conferred by section 153 of the Sentencing Act 2020. Prior to the enactment of that legislation, an identical power was available under section 143 of the Powers of Criminal Courts (Sentencing) Act 2000.

Whether or not to make a deprivation order is entirely a matter for the court. It does not require an application by the prosecution.

Section 153 of the Act states that a deprivation order can be made in respect of any property lawfully seized from the offender; or that was in the offender's possession or under their control when they were apprehended for the offence; or that was in the offender's possession or under their control at the time a summons was issued for the offence.

Section 154 outlines the circumstances in which a vehicle is considered as being used for the purposes of an offence. A vehicle can be considered thus if the offender was driving, attempting to drive, or in charge during the commission of an imprisonable offence under the Road Traffic Act 1988; an offence of manslaughter; or an offence under section 35 of the Offences against the Person Act 1861 (wanton and furious driving).

In accordance with section 155 of the Act, the court must have regard to the value of the property and the financial and other effects of depriving the offender of it.

If the court makes a deprivation order, it can still deal with the offender in any other way.

Section 156 permits the court to order that property deprived in connection to an immigration or asylum offence be taken into the possession of the Secretary of State or police.

Section 159 outlines the circumstances in which proceeds from the disposal of property subject to a deprivation order can be paid to the injured party of the offence.

Section 160 lists other legislation allowing the deprivation or forfeiture of property from the offender. It states that nothing in those earlier provisions prevents the court from making an order under section 153 or vice versa.

The circumstances in which a deprivation order could be made are virtually limitless, but could include some of the following:

• To deprive a burglar or car thief of tools used to break into buildings or vehicles.
• To deprive someone convicted of stalking or harassment from recording, photographic or computer equipment used to target their victim.
• To deprive a poacher of equipment, vehicles or animals used to illegally pursue game.
• To deprive a shop thief of any bag or clothing specially adapted to conceal stolen goods.