OpenLegislation

Paragraph 4

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In paragraphs 2 and 3 “the proper officer” means—

(a)

where the forfeiture order is made by a magistrates’ court, the F1designated officer for that court,

(b)

where the forfeiture order is made by the Crown Court and the defendant was committed to the Crown Court by a magistrates’ court, the designated officer for the magistrates’ court, and

(c)

where the forfeiture order is made by the Crown Court and the proceedings were instituted by a bill of indictment preferred by virtue of section 2(2)(b) of the M1Administration of Justice (Miscellaneous Provisions) Act 1933, the designated officer for the magistrates’ court for the place where the trial took place.

(2)

The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by—

(a)

the prosecutor in the proceedings in which the forfeiture order was made,

(b)

the defendant in those proceedings, or

(c)

a person whom the court heard under F2section 23B(1) before making the order.

(3)

The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.

Annotations

Textual amendments

F1

Words in Sch. 4 para. 4(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 108(1), Sch. 8 para. 388(2); S.I. 2005/910, art. 3

F2

Words in Sch. 4 para. 4(2)(c) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(4) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Marginal citations

M1

1933 c. 36.