Arrest without a warrant
356(1)Repealed: 1990, c.22, s.33
356(2)Where a person has been arrested under section 119 of the
Provincial Offences Procedure Act for an offence under this Act and is brought before a judge under section 125 of the
Provincial Offences Procedure Act, the judge may when proceeding under subsection 128(3) of the
Provincial Offences Procedure Act accept the deposit of the vehicle involved in the alleged offence as security.
356(3)Repealed: 1990, c.22, s.33
356(4)Upon the failure of any person to appear at the time and place fixed by the judge under subsection (2) the motor vehicle given in custody thereunder shall be forfeited to the Crown in right of the Province.
356(5)Where any person, other than the accused, claims to own or to have an interest in a motor vehicle forfeited to the Crown under subsection (4) such person shall, upon obtaining an order of a judge of The Court of King’s Bench of New Brunswick declaring such ownership or interest, the amount thereof, and that such person was in no way connected with the offence
(a)
in the case of an owner, have the motor vehicle restored to him, and
(b)
in the case of a person holding an interest, be paid the amount of such interest.
1955, c.13, s.307; 1956, c.19, s.30; 1979, c.41, s.85; 1990, c.22, s.33; 2023, c.17, s.162