{
  "url": "https://openlegislation.uk/magistrates-courts-detention-and-forfeiture-of-cash-amendment-rules-2017/article-9",
  "json_url": "https://openlegislation.uk/magistrates-courts-detention-and-forfeiture-of-cash-amendment-rules-2017/article-9.json",
  "legislation": "uksi/2017/1291",
  "legislation_title": "The Magistrates’ Courts (Detention and Forfeiture of Cash) (Amendment) Rules 2017",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-detention-and-forfeiture-of-cash-amendment-rules-2017",
  "path": "article/9",
  "kind": "article",
  "number": "9",
  "heading": "Application to set aside forfeiture",
  "text": "After rule 8 insert—\n“Application to set aside forfeiture\n8A. (1) An application under section 297E(2) of the Act for the setting aside of forfeiture of cash forfeited in pursuance of a forfeiture notice must be made in writing and sent to the court before which the applicant wishes to make the application.\n(2) But if the applicant has been given notice of an order under section 295(2) of the Act in respect of the cash, then the application must be sent to the court which sent the applicant that notice.\n(3) The court must send a copy of the application to—\n(a) the Commissioners of Her Majesty’s Revenue and Customs, if the cash which is the subject of the application was seized by an officer of Revenue and Customs;\n(b) the Director of the SFO if the cash which is the subject of the application was seized by a SFO officer;\n(c) the Director General of the National Crime Agency, if the cash which is the subject of the application was seized by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013;\n(d) the chief officer of the police force to which the constable belongs, if the cash which is the subject of the application was seized by a constable;\n(e) the chief officer of the police force concerned, if the cash which is the subject of the application was seized by an accredited financial investigator who is—\n(i) a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), or\n(ii) a member of staff of the City of London police force;\n(f) the solicitor acting for the Secretary of State, if the cash which is the subject of the application was seized by an immigration officer;\n(g) the solicitor acting for a government department, if the cash which is the subject of the application was seized by an accredited financial investigator who is a member of staff of that government department, but who is not an officer of Revenue and Customs, a constable or an immigration officer;\n(h) the employer of an accredited financial investigator, if the cash which is the subject of the application was seized by that accredited financial investigator, and the employer is not otherwise mentioned in this paragraph;\n(i) the Director of Public Prosecutions, where the Director has given notification under rule 8B; and\n(j) every person to whom notice of the most recent order made under section 295(2) of the Act must be given.\n(4) The court must fix a date for the hearing of the application, which, unless directed otherwise, shall not be earlier than seven days from the date on which it is fixed, and must notify that date to the applicant and to every person to whom a copy of the application is required to be sent under paragraph (3).\n(5) An order under section 297E(7)(a) of the Act must provide for the release of the cash within seven days of the date of the making of the order, or such longer period as, with the agreement of the applicant, may be specified.\nDirector of Public Prosecutions appearing in proceedings\n8B. Where the Director of Public Prosecutions has agreed under section 302A of the Act to appear in proceedings under Chapter 3 of Part 5 of the Act for—\n(a) a constable,\n(b) an accredited financial investigator,\n(c) the Commissioners for Her Majesty’s Revenue and Customs, or\n(d) an officer of Revenue and Customs,\nthe Director must notify the court which is dealing with the proceedings if the Director wants documents given under these Rules to be given also to the Director.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2013 c. 22."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2011 c. 13."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/1291/article/9",
    "retrieved_at": "2026-10-28T23:04:21.098599+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."
}