Article 7 Application for forfeiture of detained cash

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 7(1) word substituted by Magistrates' Courts 2003 rule 95(1)
rule 7(7) words omitted by Magistrates' Courts 2003 rule 95(2)
rule 7(2)(b)(i) words substituted by Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) 2024 rule 24(4)(a)
rule 7(2)(b)(ii) words substituted by Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) 2024 rule 24(4)(b)

(1)

An application under section 298(1) of the Act for the forfeiture of detained cash shall be in Form G and shall be sent to the justices' chief executive to whom applications for the continued detention of the cash under section 295(4) of the Act have been sent.

(2)

Where no applications in respect of the cash have been made under section 295(4) of the Act, the application shall be sent to—

(a)

the justices' chief executive for the petty sessions area of the court before which the applicant wishes to make the application; or

(b)

where the reasonable grounds for suspicion which led to the seizure of cash to which the application for forfeiture relates are connected to the reasonable grounds for suspicion which led to the seizure of cash to which an order made under section 295(2) of the Act relates, to the justices' chief executive for the petty sessions area of the court which made the order under section 295(2).

(3)

The applicant shall send a copy of the application to every person to whom notice of an order made under section 295(2) of the Act in respect of the detained cash has been given and to any other person identified by the court as being affected by the application.

(4)

The justices' clerk shall set a date for a directions hearing, which, unless he directs otherwise, shall not be earlier than seven days from the date on which it is fixed, and the justices' chief executive shall 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).

(5)

At the directions hearing, the court may give directions relating to the management of the proceedings, including directions as to the date for the hearing of the application.

(6)

If neither the person from whom the cash was seized, nor any other person who is affected by the detention of the cash, seeks to contest the application, the court may decide the application at the directions hearing.

(7)

An order for the forfeiture of detained cash under section 298(2) of the Act shall be in Form H and a copy of the order shall be given by the justices' chief executive to every person to whom notice of an order made under section 295(2) of the Act in respect of the detained cash has been given and to any other person known to be affected by the order.