Rule 6 Application for forfeiture of detained propertyI1
England and Wales
An application under paragraph 10G(1) of Schedule 1 for the forfeiture of detained property must be made in writing and may be sent to the court to which applications for the continued detention of the property under paragraph 10D(5) of Schedule 1 have been sent.
Where no applications in respect of the property have been made under paragraph 10D(5) of Schedule 1 of the Act, the application must be sent to—
the court before which the applicant wishes to make the application; or
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—
the seizure of cash or other property to which an F1order for further detention relates; or
the making of F2a freezing order, to the court which made the order listed in sub-paragraph (i) or (ii).
The applicant must send a copy of the application to every person to whom notice of an order made under paragraph 10B(2) of Schedule 1 in respect of the detained property has been given and to any other person identified by the court as being affected by the application.
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 every person to whom a copy of the application is required to be sent under paragraph (3).
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.
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.
A copy of an order for the forfeiture of detained property under any of paragraphs 10G(2), 10I(1) and 10J(7) of Schedule 1 must be given by the court to every person to whom notice of an order made under paragraph 10B(2) of Schedule 1 in respect of the detained property has been given and to any other person known to be affected by the order.
Annotations
Textual amendments
- F1
Words in rule 6(2)(b)(i) 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(4)(a)
- F2
Words in rule 6(2)(b)(ii) 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(4)(b)