{
  "url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-105",
  "json_url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-105.json",
  "legislation": "nisr/1979/90",
  "legislation_title": "The Crown Court Rules (Northern Ireland) 1979",
  "legislation_url": "https://openlegislation.uk/crown-court-rules-northern-ireland-1979",
  "path": "rule/105",
  "kind": "rule",
  "number": "105",
  "heading": "[ Criminal Justice and Police Act 2001",
  "text": "(1) In this rule—\n“the 2001 Act” means the Criminal Justice and Police Act 2001 ; a reference to a section by number is a reference to the section so numbered in the 2001 Act; and expressions which are defined in the 2001 Act shall have the same meaning as in the 2001 Act; and\n“chief clerk” [...] includes any other [ civil servant in the Department of Justice] as may be authorised to act on his behalf for the purpose in question.\n(2) Notice of an application under section 59 shall be made in writing to the chief clerk and shall—\n(a) where the application is made under section 59(2), specify upon which of the grounds in section 59(3) the application is made and—\n(i) where the application is made under section 59(3)(a), specify why the applicant considers there was no power to make the seizure;\n(ii) where the application is made under section 59(3)(b), (c) or (d), describe the property and specify why the applicant considers it should be returned;\n(b) where the application is made to authorise the retention of property by a person for the time being in possession of the property, specify upon which of the grounds in section 59(7) the application is made.\n(3) Where the applicant is a person with a relevant interest, the applicant shall, at the same time as the notice is given to the chief clerk, serve a copy on—\n(a) the person for the time being in possession of the property;\n(b) the person, if any, identified as being the person to whom notice of such an application should be given by a notice served under section 52 when the property was seized; and\n(c) any other person appearing to have a relevant interest in the property.\n(4) Where the applicant is a person for the time being in possession of the property, the applicant shall, at the same time as the notice is given to the chief clerk, serve a copy on—\n(a) the person from whom the property was seized; and\n(b) any other person appearing to have a relevant interest in the property.\n(5) Any person served with a copy of a notice under paragraph (3) or (4) shall within seven days—\n(a) notify the chief clerk in writing whether or not he wishes to make representations concerning the application and appear at the hearing of the application; and\n(b) if he wishes to make representations, serve on the application and the chief clerk a written statement setting out such representation.\n(6) The chief clerk shall—\n(a) fix a date and place for the hearing of the applications; and\n(b) notify the applicant and any person who wishes to make representations at the hearing of the date and place of such hearing.\n(7) The hearing of an application under section 59 may be in private, if the judge thinks necessary in the interests of justice.]",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2000 c. 16"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Words omitted by S.R. 2016 No. 297 with effect from 31.10.16"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Words substituted by S.R. 2010 No. 133 with effect from 12.04.10"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Rule 105 inserted by S.R. 2003 No. 279 with effect from 30.06.03"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1979/90/rule/105",
    "retrieved_at": "2026-10-29T04:01:57.370490+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}