Rule 5 Applications for the release of detained propertyI1

An application under paragraph 10F or 10O of Schedule 1 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.

But if the applicant has been given notice of an order under paragraph 10D(1) of Schedule 1 in respect of the detained property, then the application must be sent to the court which sent the applicant that notice.

The court must send a copy of the application to the authorised officer who seized the property and to every person to whom notice of the order made under paragraph 10D(1) of Schedule 1 has been given.

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, the authorised officer who seized the property and every person to whom a copy of the application is required to be sent under paragraph (3).

At the hearing of an application under paragraph 10F or 10O of Schedule 1, 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.

A direction under paragraph 10F(2) of Schedule 1 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 paragraph 10F(4) of Schedule 1 applies.

An order under paragraph 10O(4) or (5) of Schedule 1 must provide for the release of the property within seven days of the date of the making of the order or such longer period as with the agreement of the applicant may be specified, except that property shall not be released whilst paragraph 10G(7) or (8) of Schedule 1 applies.