Question 1 of 8

SA25 – Ancillary orders and costs of conviction You represent Jack, who has pleaded guilty to an offence of aggravated vehicle taking (an either-way offence). Jack admits to using a screwdriver to break into his father’s car, which he then took without consent. Whilst Jack was driving the car he was involved in a road traffic accident which resulted in damage to the car. Jack was found in the driver’s seat and was arrested. When he was booked into custody and searched, £100 in cash and a screwdriver were found in his jacket pocket. Jack wants to know whether the magistrates can order forfeiture of the car, screwdriver and cash. What is the correct advice to give Jack?

A. A B. They should not order forfeiture of the car, as it belongs to his father, but they could require Jack to forfeit the screwdriver and the cash. C. B D. They could require Jack to forfeit the car and the screwdriver as both are items which were used to commit or facilitate the offence, but not the cash as it was not used to facilitate the offence. E. C F. They should not order forfeiture of either the car or the cash, because the car belongs to his father and the cash was not used for the purpose of committing the offence, but they could require Jack to forfeit the screwdriver. G. D H. They could require Jack to forfeit the car, the screwdriver and the cash as they were all in his possession at the time of arrest.