# The Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017, Article 7: Application for forfeiture of detained property

Extent: E+W

(1) An application under section 303O(1) of the Act for the forfeiture of detained property must be made in writing and sent to the court to which applications for the continued detention of the property under section 303L(4) of the Act have been sent.
(2) Where no applications in respect of the property have been made under section 303L(4) of the Act, the application shall be sent to—
(a) 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 property to which the application for forfeiture relates are connected to the reasonable grounds for suspicion which led to—
(i) the seizure of property to which an order for further detention relates, or
(ii) the making of a freezing order,
to the court which made the order listed in sub-paragraph (i) or (ii).
(3) The applicant must send a copy of the application to every person to whom notice of an order made under section 303L(1) of the Act in respect of the detained property has been given and to any other person identified by the court as being affected by the application.
(4) The court must fix a date for a directions hearing, 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).
(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 property was seized, nor any other person who is affected by the detention of the property, seeks to contest the application, the court may decide the application at the directions hearing.
(7) A copy of an order for the forfeiture of detained property under any of sections 303O(3) or 303R(7) of the Act must be given by the court to every person to whom notice of an order made under section 303L(1) of the Act in respect of the detained property has been given and to any other person known to be affected by the order.

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Source: https://www.legislation.gov.uk/uksi/2017/1293/article/7 (the official version)
Page: https://openlegislation.uk/magistrates-courts-detention-and-forfeiture-of-listed-assets-rules-2017/article-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.