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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Confiscation of motor vehicles

129D: Written caution of no effect if conviction quashed

You could also call this:

"A written warning is cancelled if you're found not guilty after all."

Illustration for Sentencing Act 2002

If you get a written caution because of something you did, but then the court says you didn't do it, the caution doesn't count anymore. This happens if all the convictions are quashed and no new convictions are given for things that could lead to your vehicle being taken away under section 128, section 129, or section 129A. The caution is like it was never given to you. If this happens, the Registrar will tell you and anyone else who got the caution that it doesn't count anymore, and they will do this by post, fax, email, or another electronic way.

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129C: Review of written caution, or

"Checking if a written warning was fair"

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129E: Appeal against confiscation by persons treated as substitutes, or

"Appealing a court decision to take away something that belongs to someone else who is linked to a crime"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Confiscation of motor vehicles

129DWritten caution of no effect if conviction quashed

  1. If all of the convictions in respect of which a written caution has been served on a person are quashed, and no convictions for offences qualifying for confiscation under section 128, 129, or 129A are substituted, the written caution ceases to have effect and is deemed not to have been served.

  2. If a written caution ceases to have effect under subsection (1), the Registrar must, by ordinary post, facsimile, email, or other electronic means, advise every person served with the written caution of that outcome.

Notes
  • Section 129D: inserted, on , by section 7 of the Sentencing (Vehicle Confiscation) Amendment Act 2009 (2009 No 37).