Rule 3 First application for the further detention of seized propertyI1
England and Wales
The first application under paragraph 10D(5) of Schedule 1 for an order under paragraph 10D(1) of Schedule 1 for the further detention of property seized under paragraph 10B of Schedule 1 must be made in writing and sent to the court before which the applicant wishes to make the application.
But where the reasonable grounds for suspicion which led to the seizure of property to which an application under paragraph 10D(5) of Schedule 1 relates are connected to—
the reasonable grounds for suspicion which led to the seizure of other cash or property to which a F1previous order for further detention relates; or
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).
Except where F3the application is made without notice or paragraph (4) or paragraph (7) applies, a copy of the written application and notification of the hearing of the application shall be given by the applicant to the person from whom the property was seized.
Where seized property is found in a letter, parcel, container or other means of unattended dispatch, copies of the written application and notification of the hearing of the application shall F4, except where the application is made without notice, be sent by the applicant to the sender and intended recipient of the letter, parcel, container or other means of unattended dispatch.
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.
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.
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.
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.
The court must give—
notice of the order; and
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 rule 3(2)(a) substituted (7.11.2024) by The Magistrates’ Courts (Detention, Freezing and Forfeiture of Terrorist Cryptoassets, and Miscellaneous Amendments) Rules 2024 (S.I. 2024/1042), rules 1(1), 24(3)(a)(i)
- F2
Words in rule 3(2)(b) substituted (7.11.2024) by The Magistrates’ Courts (Detention, Freezing and Forfeiture of Terrorist Cryptoassets, and Miscellaneous Amendments) Rules 2024 (S.I. 2024/1042), rules 1(1), 24(3)(a)(ii)
- F3
Words in rule 3(3) inserted (7.11.2024) by The Magistrates’ Courts (Detention, Freezing and Forfeiture of Terrorist Cryptoassets, and Miscellaneous Amendments) Rules 2024 (S.I. 2024/1042), rules 1(1), 24(3)(b)
- F4
Words in rule 3(4) inserted (7.11.2024) by The Magistrates’ Courts (Detention, Freezing and Forfeiture of Terrorist Cryptoassets, and Miscellaneous Amendments) Rules 2024 (S.I. 2024/1042), rules 1(1), 24(3)(c)