Section 94A Property subject to deprivation order: modification of section 94F1

(1)

This section applies to property to which a deprivation order relates which is in the possession of—

(a)

a commanding officer, or

(b)

a member of a service police force,

by virtue of section 177C(6) (including any such property that was already in the possession of the commanding officer or a member of a service police force when the order was made).

(2)

Regulations under section 94(1) must ensure that a judicial authority or a commanding officer may make an order by virtue of section 94(2)(a) or (b) (respectively) on an application which—

(a)

relates to property to which this section applies, and

(b)

is made by a person claiming to be the owner of the property,

only if the conditions in subsection (3) are met.

(3)

Those conditions are that—

(a)

the application is made before the end of the period of 6 months beginning with the day on which the deprivation order is made, and

(b)

the claimant satisfies the judicial authority or the commanding officer (as the case may be)—

(i)

that the claimant did not consent to the offender’s possession of the property, or

(ii)

if the deprivation order was made by virtue of subsection (3) of section 177C (property used for the purpose of offence etc), that the claimant did not know, and had no reason to suspect, that the property was likely to be used for a purpose mentioned in that subsection.

(4)

Regulations under section 94(1) may enable a judicial authority or a commanding officer to make any order for disposal of property to which this section applies that the judicial authority or commanding officer (as the case may be) thinks appropriate (but this is subject to subsection (6)).

(5)

In subsection (4) the reference to disposal includes disposal by way of transferring the property into the ownership of the Secretary of State; but regulations made by virtue of subsection (4) may not provide for the Secretary of State to become the owner of property which is the subject of an order under section 177F (application of proceeds of property subject to deprivation order).

(6)

Subsection (4) applies only in relation to cases where no application by virtue of section 94(2)(a) or (b) made during the 6 month period mentioned in subsection (3)(a) by a person claiming to be the owner of the property was successful.

(7)

In this section “judicial authority” means the Court Martial, the Service Civilian Court or a judge advocate.

Annotations

Textual amendments

F1: S. 94A inserted (1.5.2022 for specified purposes, 22.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 14(5), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/1102, reg. 3

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 3

Modifications

C1: Pt. 3 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3