{
  "url": "https://openlegislation.uk/magistrates-courts-detention-and-forfeiture-of-listed-assets-rules-2017/article-6",
  "json_url": "https://openlegislation.uk/magistrates-courts-detention-and-forfeiture-of-listed-assets-rules-2017/article-6.json",
  "legislation": "uksi/2017/1293",
  "legislation_title": "The Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-detention-and-forfeiture-of-listed-assets-rules-2017",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "Applications for the release of detained property",
  "text": "(1) An application under section 303N or 303V of the Act for the release of detained property must be made in writing and sent to the court before which the applicant wishes to make the application, and must specify the grounds on which it is made.\n(2) But if the applicant has been given notice of an order under section 303L(1) of the Act in respect of the detained property, 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 for Her Majesty’s Revenue and Customs, if the property to which the application relates was seized by an officer of Revenue and Customs;\n(b) the Director General of the National Crime Agency, if the property to which the application relates was seized by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013;\n(c) the chief officer of the police force to which the constable belongs, if the property to which the application relates was seized by a constable;\n(d) the chief officer of the police force concerned, if the property to which the application relates 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(e) the solicitor acting for the Secretary of State, if the property to which the application relates was seized by an immigration officer;\n(f) the solicitor acting for a government department, if the property to which the application relates was seized by an accredited financial investigator who is a member of staff of that department of the government in the United Kingdom, but who is not an officer of Revenue and Customs, a constable or an immigration officer;\n(g) the employer of an accredited financial investigator, if the property to which the application relates was seized by that accredited financial investigator, and the employer is not otherwise mentioned in this paragraph;\n(h) the Director of Public Prosecutions, where the Director has given notification under rule 10; and\n(i) any other person to whom notice of the order under section 303L(1) was 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) At the hearing of an application under section 303V(1) of the Act, the court may, if it thinks fit, order that the applicant be joined as a party to all the proceedings in relation to the detained property.\n(6) A direction under section 303N(2) of the Act must provide for the release of the property within seven days of the date of the making of the direction or such longer period as with the agreement of the applicant may be specified in the direction, except that property shall not be released whilst section 303O(9) or (10) of the Act applies.\n(7) An order under section 303V(4) or (5) of the Act must provide for the release of the property within seven days of the date of the making of the order or direction, or such longer period as, with the agreement of the applicant, may be specified, except that property shall not be released whilst section 303O(9) or (10) of the Act applies.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 6 in force at 16.4.2018, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2011 c. 13."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/1293/article/6",
    "retrieved_at": "2026-10-28T23:04:20.291475+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."
}