Vehicle impoundment, revisited

I updated our vehicle impoundment aide mémoire to include the new indictable police pursuit offence in Crimes Act 1958 s 319AA. (That offence commenced operation on 20 December 2012: I'll discuss it in a bit more detail in a day or two.)We discussed the vehicle impoundment regime here back in June 2011.Its structure hasn't changed …

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VLA fact sheets

Victoria Legal Aid are reducing the number of cases their duty solicitors will become involved in at sittings of the Magistrates' Court. The changes to their criteria are discussed here.They say on their website:From July 2012 duty lawyer services in the Magistrates’ Court of Victoria will prioritise people in custody, and people who cannot afford …

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Vehicle impoundment aide mémoire

The vehicle impoundment provisions in Road Safety Act 1986 Part 6A are about to be overhauled.The original provisions were introduced by the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, with effect from 1 July 2006. The explanatory memorandum is here, and the second reading speech here.Last year the Brumby government …

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Vehicle impoundment and hardship

In Frohling v Police [2011] SASC 53 the South Australian Supreme Court considered vehicle impoundment under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007.Section 13 provides:13 Court may decline to make order in certain circumstances(1) A court that records a conviction to which this Part applies may decline to make an order …

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Sing a song of sixpence? DPP v Twenty Fourth Trengganu Pty Ltd [2011] VSCA 92

We don't get very many appellate decisions on the Confiscation Act 1997, and even fewer from the Court of Appeal.DPP v Twenty Fourth Trengganu Pty Ltd [2011] VSCA 92 was delivered by the Court of Appeal earlier this week. The company Twenty Fourth Trengganu Pty Ltd applied to exclude a car from being restrained for …

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