OpenLegislation

Article 4 First application for the further detention of seized propertyI1

England and Wales

(1)

The first application under section 303L(4) of the Act for an order under section 303L(1) of the Act for the further detention of property seized under section 303J of the Act must be made in writing and sent to the court before which the applicant wishes to make the application.

(2)

But where the reasonable grounds for suspicion which led to the seizure of property to which an application under section 303L(4) of the Act relates are connected to—

(a)

the reasonable grounds for suspicion which led to the seizure of other property to which a F1previous order for further detention relates; or

(b)

the reasonable grounds for suspicion which led to the making of a F2previous freezing order, then the application must specify the connection to any such previous order and may be sent to any court which made a previous order listed in sub-paragraph (a) or (b).

(3)

Except where paragraph (4) or paragraph (7) applies, a copy of the written application and notification of the hearing of the application must be given by the applicant to the person from whom the property was seized.

(4)

Where seized property is found in a means of unattended dispatch, such as an unattended letter, parcel or container, copies of the written application and notification of the hearing of the application must be sent by the applicant to the sender and intended recipient of the means of unattended dispatch.

(5)

But where paragraph (4) applies the applicant is not required to send copies of the written application and notification of the hearing to a sender or intended recipient who cannot be identified.

(6)

Where paragraph (4) applies, the court shall not decline to hear an application solely on the ground that it has not been proved that the sender and intended recipient have been given a copy of the written application and notification of the hearing.

(7)

Where unattended property is seized (other than where the property is found in a means of unattended dispatch) the applicant need not give a copy of the written application and notification of the hearing to any person.

(8)

The applicant must inform the court of any person known to be affected by the order, as soon as practicable after that person is so identified.

(9)

The court must give—

(a)

notice of the order; and

(b)

a copy of the order,

to the person from whom the property was seized and to any other person known to be affected by the order.

Annotations

Textual amendments

F1

Words in art. 4(2)(a) substituted (7.11.2024) by The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024 (S.I. 2024/1043), rules 1(1), 25(3)(a)

F2

Words in art. 4(2)(b) substituted (7.11.2024) by The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024 (S.I. 2024/1043), rules 1(1), 25(3)(b)

Commencement

I1

Art. 4 in force at 16.4.2018, see art. 1