(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 2 or more occasions.

(2)  Subject to subsection (3) , the vehicle used in connection with the new prescribed offence may be clamped or confiscated until –

(a) the resolution of all existing charges against the person for those prescribed offences; and

(b) the determination of any forfeiture order made to the Court under section 37Y .

(3)  If the new prescribed offence is an offence under section 11A of the Police Powers (Vehicle Interception) Act 2000  –

(a) the vehicle used in connection with the new prescribed offence is to be clamped or confiscated until the resolution of all existing charges against the person for the new prescribed offence; and

(b) if the person –

(i) is found guilty of the new prescribed offence; and

(ii) has previously been proceeded against by way of complaint under the Justices Act 1959 in respect of 2 or more offences under section 11A of the Police Powers (Vehicle Interception) Act 2000  –

the vehicle used in connection with the new prescribed offence is forfeited to the Crown and the Commissioner may sell or dispose of the vehicle, and anything in or on it, in a way the Commissioner considers appropriate.

(4)  Subdivisions 3 and 5 do not apply in respect of a vehicle forfeited to the Crown by virtue of subsection (3)(b) .