OpenLegislation

Article 213P Articles 213L to 213O: appealsF1

(1)

Any party to proceedings for an order for the forfeiture of property under article 213L (forfeiture) may appeal against—

(a)

the making of an order under article 213L;

(b)

the making of an order under article 213O(7) (associated and joint property: default of agreement);

(c)

a decision not to make an order under article 213L unless the reason that no order was made is that an order was instead made under article 213N (agreements about associated and joint property);

(d)

a decision not to make an order under article 213O(7).

Paragraphs (c) and (d) do not apply if the application for the order under article 213L was transferred in accordance with article 213O(1)(a) or (b).

(2)

Where an order under article 213N is made by a magistrates’ court, any party to the proceedings for the order (including any party to the proceedings under article 213L that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under paragraph (6) of article 213N.

(3)

An appeal under this article lies—

(a)

in relation to England and Wales, to the Crown Court;

(b)

in relation to Scotland, to the Sheriff Appeal Court F2;

(c)

in relation to Northern Ireland, to a county court.

(4)

An appeal under this article must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision.

(5)

The court hearing the appeal may make any order it thinks appropriate.

(6)

If the court upholds an appeal against an order forfeiting property, it may order the release of the whole or any part of the property.

Annotations

Textual amendments

F1

Pt. 5A inserted (12.11.2019) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 30

F2

Art. 213P(3)(c) inserted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 14

Notes on Part 5A

Textual amendments

F2

Words in Pt. 5A heading omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 6