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WQ.173/2025
WRITTEN QUESTION TO THE MINISTER FOR JUSTICE AND HOME AFFAIRS
BY DEPUTY M.B. ANDREWS OF ST HELIER NORTH
QUESTION SUBMITTED ON MONDAY 14th APRIL 2025
ANSWER TO BE TABLED ON WEDNESDAY 23rd APRIL 2025
Question
"Will the Minister advise whether any consideration has been given to confiscating and destroying the vehicles of those convicted of speeding offences and, if so, will she explain how this would be implemented; and if none, will she explain why not?"
Answer
Persons who are caught speeding in Jersey are prosecuted and enter the judicial system one of two ways. If the speed is committed under a certain threshold, or with no previous convictions within the last 12 months, that person is warned to attend a parish hall enquiry, and a subsequent fine is placed on the offender based on the honorary policing sentencing guidelines provided by the Attorney General.
If someone exceeds the speed limit by greater than 20mph, they will appear in front of the Magistrate. In such cases, an application can be made to the Magistrate for the vehicle to be forfeited and destroyed, which has happened on a number of occasions in the past.
Notably, such an application may be made in reference to a number of Road Traffic related offences, not just exceeding the speed limit. This should be balanced on proportionality, taking into account various considerations and any mitigating factors.
Police also have the ability under the Police Procedures and Criminal Evidence (Jersey) Law 2003 to seize a vehicle as evidence of an offence – for example if a vehicle is stopped grossly over the stated limit for the road, the vehicle may hold data which supports the prosecution and will be examined by DVS. Any such seizure would also be based on the proportionality test.