(1)  This section applies if –

(a) a police officer finds a person offending in respect of a prescribed offence (referred to in this section as "the new prescribed offence" ); and

(b) the person has previously been proceeded against by way of a complaint, or indictment, in respect of a prescribed offence on one occasion.

(2)  Subject to subsection (3) , the vehicle used in connection with the new prescribed offence may be clamped or confiscated for a period of 3 months unless otherwise extended under section 37T(3)(b) .

(3)  If –

(a) the new prescribed offence is an offence under section 11A(2A) of the Police Powers (Vehicle Interception) Act 2000 ; and

(b) the prescribed offence that the person has previously been proceeded against was also under that subsection –

the vehicle used in connection with the new prescribed offence is to be clamped or confiscated for a period of 12 months unless otherwise extended under section 37T(3)(b) .