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        Wednesday, May 16, 2012

In certain situations the owner of a vehicle seized and impounded under the VISE program may be able to get it back, depending on the following conditions or requirements being met:

  • everyone who was in the vehicle when it was seized is enrolled in a designated prostitution offender program (john school);
  • the owner posts cash or security for the full value of the vehicle, subject to the same forfeiture provisions as for the vehicle;
  • no one in the vehicle is convicted of a prostitution-related offence;
  • no charges are laid in a timely fashion;
  • the vehicle was seized in error;
  • the secured party had an interest registered with the Personal Property Registry prior to the seizure;
  • the vehicle was reported stolen at the time it was seized;
  • the court determines that continued seizure would cause extreme hardship to someone other than the offender, or seriously threaten the health of a person;
  • the court is persuaded that the vehicle was being used without the knowledge or consent of the owner, or that the owner could not reasonably have known the vehicle was being used to commit and offence; or
  • there are any other grounds justifying the release of the vehicle, and it does not go against the public interest.

If no one is convicted of an offence CPSP may pay all of the costs or fees associated with the seizure, and may repay the vehicle owner for fees already paid. The Ministry may also pay fees or reimburse the owner when a vehicle is released, under certain circumstances and where it is deemed appropriate.

In some cases, the prostitutes involved in the case may also be charged. They may be eligible to participate in alternative measures programs - such as Operation Help - designed to assist them in leaving the sex trade. Where a child or youth is involved, police will work with social service agencies to develop a response to keep the child or youth safe, and help them leave the street.



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