PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:17] PART VI GENERAL 36 Attorney- General to authorise certain prosecutions under this Act No proceedings shall be instituted or continued against any person in respect of an offence in terms of section five, six, seven, eight, nine, ten, eleven, twelve, fifteen, sixteen, seventeen or eighteen, other than proceedings for the purposes of remand, without the authority of the Attorney-General. 37 When Defence Forces may assist Police Force under this Act (1) If, upon a request made by the Commissioner of Police, the Minister is satisfied that any regulating authority requires the assistance of the Defence Forces for the purpose of suppressing any civil commotion or disturbance in any police district, he may request the Minister responsible for defence to authorise the Defence Forces to assist the police in the exercise of their functions under this Act in the police district concerned. (2) Where authority is given under subsection (1) for the Defence Forces to assist the police— (a) every member of the Defence Forces who has been detailed to assist the police in any police district in the exercise of their functions under this Act shall be under the command of the regulating authority concerned; and (b) a member of the Defence Forces who is assisting a police officer in the exercise of his functions under this Act shall have the same powers, functions and authority, and be subject to the same responsibilities, discipline and penalties, as a member of the Police Force, and liable in respect of acts done or omitted to be done to the same extent as he would have been liable in the same circumstances if he were a member of the Police Force, and shall have the benefit of any indemnity to which a member of the Police Force would in the same circumstances be entitled. 38 Powers of seizure and forfeiture in relation to vehicles, aircraft and vessels (1) Where any person is convicted of an offence under this Act, the court may order that any vehicle, aircraft or vessel used for the purpose of or in connection with the commission of the offence shall be forfeited to the State: Provided that, if it is proved that such vehicle, aircraft or vessel is not the property of the person convicted and that its owner was— (a) unaware that the vehicle, aircraft or vessel, as the case may be, was being so used; or (b) unable to prevent its use for the purpose of or in connection with the commission of the offence; - 26 -