Police v HANLEY

The Police appeal a decision of a Magistrate in South Australia, where the respondent, who had pleaded guilty to driving while disqualified, had their vehicle impounded by the Police. The prosecution sought an order under section 9(1) of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA) requiring the respondent to pay the impounding fees. The Magistrate declined to make the order, prompting the Police to appeal to the Supreme Court.

The appeal concerned the legal issues of whether the Magistrate erred in declining to order that the respondent pay the impounding fees, and whether the Magistrate gave adequate reasons for the decision. The Police argued that the Magistrate failed to provide sufficient reasons for refusing the order and that the Magistrate's decision was legally flawed.

The Supreme Court found that the Magistrate did indeed err in law by failing to give reasons for refusing to make the order under section 9(1). The Court held that the Magistrate's refusal to order payment of the impounding fees was set aside, and the matter was remitted to the Magistrates Court for further consideration of the prosecution's application for impounding fees. The appeal was allowed on the basis that the Magistrate's failure to give reasons for the decision constituted an error of law.