Article 17 Transfer of proceedingsI1

Any person who is a party to, or affected by, proceedings under Chapter 3A of Part 5 of the Act may, at any time, make an application to the court dealing with the matter for the proceedings to be transferred to a different magistrates’ court.

Any such application must be made in writing and sent to the court in which the proceedings are being dealt with and must specify the grounds on which it is made.

The court must send a copy of the application to the parties to the proceedings and any other person affected by the proceedings.

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 the date to the applicant and every person to whom a copy of the application is required to be sent under paragraph (3).

The court may grant the application if it is satisfied that it would be more convenient or fairer for proceedings to be transferred to a different magistrates’ court.

If the application is granted—

Where the proceedings are to be transferred to the High Court under section 303R(1) of the Act, notice must be given by the court to every person to whom notice of an order made under section 303L(1) or F2303O(3) of the Act in respect of the detained property has been given, and to any other person known to be affected by the order.