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Statutory Instrument 2002 No. 2998 (L.17)The Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002(The document as of February, 2008) STATUTORY INSTRUMENTS2002 No. 2998 (L.17)MAGISTRATES' COURTS, ENGLAND AND WALESThe Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002
The Lord Chancellor, in exercise of the powers conferred on him by section 144 and 145(1)(a) of the Magistrates' Courts Act 1980[1], after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules: Citation and commencement 1.These Rules may be cited as the Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002 and shall come into force on 30th December 2002. Interpretation 2.In these Rules -
(b) "justices' clerk" means the justices' clerk for the justices who are to hear or have heard an application; (c) words and expressions used have the same meaning as in Chapter 3 of Part 5 of the Act; (d) a reference to a form is a reference to a form set out in the Schedule to these Rules or a form with the same effect. Prior approval of searches for cash
(b) a copy of the order, to the person from whom the cash was seized and to any other person known to be affected by the order.
(b) a copy of the order, to any person other than one referred to in paragraph (5) known to be affected by the order.
(b) the chief officer of the police force to which the constable belongs (or in the case of a constable who is a member of the National Crime Squad, the Director General of that Squad), if the cash which is the subject of the application was seized by a constable; and (c) every person to whom notice of the order made under section 295(2) of the Act has been given. (4) The justices' clerk shall fix a date for the hearing of the application, which, unless he directs otherwise, shall not be earlier than seven days from the date on which it is fixed, and the justices' chief executive shall notify that date to the applicant and to every person to whom a copy of the application is required to be sent under paragraph (3).
(b) where the reasonable grounds for suspicion which led to the seizure of cash to which the application for forfeiture relates are connected to the reasonable grounds for suspicion which led to the seizure of cash to which an order made under section 295(2) of the Act relates, to the justices' chief executive for the petty sessions area of the court which made the order under section 295(2). (3) The applicant shall send a copy of the application to every person to whom notice of an order made under section 295(2) of the Act in respect of the detained cash has been given and to any other person identified by the court as being affected by the application.
(b) the chief officer of the police force to which the constable belongs (or in the case of a constable who is a member of the National Crime Squad, the Director General of that Squad), if the cash which is the subject of the application was seized by a constable. The justices' clerk shall fix a date for the hearing of the application, which, unless he directs otherwise, shall not be earlier than seven days from the date on which it is fixed, and the justices' chief executive shall notify the applicant and the person referred to in paragraph (3) of that date.
(b) the justices' chief executive shall send all relevant papers to the justices' chief executive for the petty sessions area to which proceedings are transferred; (c) any further proceedings under Chapter 3 of Part 5 of the Act in respect of the cash to which the proceedings relate shall be dealt with in the petty sessions area to which proceedings are transferred; (d) any requirement under these Rules to make an application to a justices' chief executive shall be read as a requirement to make an application to the justices' chief executive for the petty sessions area to which proceedings are transferred. Procedure at hearings First/Further** application for continued detention of seized cash (Section 295(4) Proceeds of Crime Act 2002; MC (Detention and Forfeiture of Cash) Rules 2002 rr 4(1), 5(1) Magistrates' Court (Code) Date Name of person from whom cash seized Address* Names and addresses of any other persons likely to be affected by an order for detention of the cash (if known) Amount seized/Estimated amount seized (only in the case of a first application for continued detention) ** Amount to which reasonable grounds of suspicion apply/Estimated amount to which reasonable grounds for suspicion apply (only in the case of a first application for continued detention) ** where it is not reasonably practicable to detain only that part Date of seizure Time of seizure Place of seizure Date of latest order for continued detention of seized cash (if any) Amount detained under latest order for continued detention (if any) Amounts released since the latest order for continued detention (if any) I, of (official address and position of applicant) Constable/Customs Officer **, apply for an order under section 295(2) of the Proceeds of Crime Act 2002 authorising the continued detention of cash in the sum of and will state upon oath that one of the two grounds below is satisfied in relation to all of the cash/ the sum of but it is not reasonably practicable to detain only that part of the cash **; 1.There are reasonable grounds for suspecting that the cash is recoverable property and that either -
(b) proceedings against any person for an offence with which the cash is connected have been started and have not been concluded. 2.There are reasonable grounds for suspecting that the cash is intended to be used in unlawful conduct and that either -
(b) proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.
Signed First/Further** order for continued detention of seized cash (Section 295(2) Proceeds of Crime Act 2002; MC (Detention and Forfeiture of Cash) Rules 2002 rr 4(8), 5(4)) Magistrates' Court (Code) Date Name of person from whom cash was seized* Address* Names and addresses of any other persons identified by the court as being affected by this order Amount seized/Estimated amount seized (only in the case of a first order for continued detention)** Amount to which reasonable grounds of suspicion apply/Estimated amount to which reasonable grounds for suspicion apply (only in the case of a first order for continued detention)** where it is not reasonably practicable to detain only that part Date of seizure Time of seizure Place of seizure Date of latest order for continued detention of seized cash (if any) Amount detained under latest order for continued detention (if any) Amounts released since the latest order for continued detention (if any) On the application of after hearing oral evidence from and representations from It is ordered that the sum of be further detained for a period of (state a period up to a maximum of three months from the date of this order, and not beyond the end of a period of two years from the date of the first order) or until its release may be otherwise ordered, whichever is the earlier. Notice of this order shall be given without delay to the person from whom the cash was seized and to any other person affected by it. Such notice shall be in Form C and shall be accompanied by a copy of this order. Justice of the Peace [or by Order of the Court, Clerk of the Court] *In the case of a means of unattended dispatch such as a letter, parcel or container, insert names and addresses, if known, of sender and intended recipient. In the case of any other unattended cash, state that the cash was unattended and state the grounds given by the applicant for believing that the cash was unattended. **Delete as appropriate Notice to persons affected by an order for continued detention of seized cash (Section 295(8) of the Proceeds of Crime Act 2002; MC (Detention and Forfeiture of Cash) Rules 2002 rr 4(9), 5(6)) Magistrates' Court (Code) Date Name of person from whom cash was seized* Amount seized/Estimated amount seized (only in the case of a first order for continued detention)** Amount to which reasonable grounds of suspicion apply/Estimated amount to which reasonable grounds for suspicion apply (only in the case of a first order for continued detention) ** where it is not reasonably practicable to detain only that part Date of seizure Time of seizure Place of seizure On (date) an order was made under section 295(2) the Proceeds of Crime Act 2002 authorising the continued detention of cash in the sum of for a period of A copy of the order accompanies this notice. The person from whom the cash was seized may apply for the release of the detained cash or any part of it under section 297 of that Act. If the cash was in a letter, parcel, container or other means of unattended dispatch, the sender or the intended recipient may make the application. A person who claims that any cash detained or any part of it belongs to him, may apply for the release of the detained cash or part of it under section 301 of that Act if either - 1.he was deprived of it or of property which it represents by criminal conduct and the property he was deprived of was not, immediately before he was deprived of it, recoverable property; or 2.the conditions for detaining the cash are no longer met or the court decides not to make a forfeiture order in respect of the cash and no objection has been made by the person from whom the cash was seized. An application under section 297 or 301 of the Proceeds of Crime Act 2002 should be made in writing to the justices' chief executive at the magistrates' court which made the order for continued detention of seized cash. The application should state the grounds relied on and identify as clearly as possible the cash referred to. At the end of the above-mentioned period of detention an application may be made for the further detention of the cash. An application may also be made to forfeit the cash. You will be notified if an application is made, or if any other person makes an application to the court for the release of the detained cash. If you intend to consult a solicitor about these proceedings you should do so at once and hand this notice and the copy of the order to him. Signed (Justices' Chief Executive) *In the case of a means of unattended dispatch such as a letter, parcel or container, insert names, if known, of sender and intended recipient. In the case of any other unattended cash, state that the cash was unattended and state the grounds given by the applicant for believing that the cash was unattended. **Delete as appropriate Direction for the release of detained cash under section 297(2) of the Proceeds of Crime Act 2002(MC (Detention and Forfeiture of Cash) Rules 2002 r 6(6)) Magistrates' Court(Code)Date On the application of (name of applicant)of (address) after hearing oral evidence fromand representations from It is directed that the sum of which represents the whole/part* of the sum seized, together with any interest accruing thereon in accordance with section 296(1) of the Proceeds of Crime Act 2002, be released to orto the order of (name) on or before(specify a date, not more than seven days from the date of this direction unless a later date is agreed by the applicant) Cash is not to be released under this direction where section 298(4) of the Proceeds of Crime Act 2002 (which provides that detained cash may not be released whilst forfeiture proceedings are ongoing) applies. Justice of the Peace[or by Order of the Court, Clerk of the Court] *Delete as appropriate Order for the release of detained cash under section 301(3) of the Proceeds of Crime Act 2002(MC (Detention and Forfeiture of Cash) Rules 2002 r 6(6)) Magistrates' Court(Code)Date On the application of (name of applicant)of (address) after hearing oral evidence fromand representations from It appears to the court that 1.the sum below belongs to the applicant, 2.the applicant was deprived of it or of property which it represents by criminal conduct, and 3.the property the applicant was deprived of was not, immediately before he was deprived of it, recoverable property. It is ordered that the sum of which represents the whole/part* of the sum seized, together with any interest accruing thereon in accordance with section 296(1) of the Proceeds of Crime Act 2002, be released to or to the order of (name) on or before(specify a date, not more than seven days from the date of this order unless a later date is agreed by the applicant) Cash is not to be released under this direction where section 298(4) of the Proceeds of Crime Act 2002 (which provides that detained cash may not be released whilst forfeiture proceedings are ongoing) applies. Justice of the Peace[or by Order of the Court, Clerk of the Court] *Delete as appropriate Order for the release of detained cash under section 301(4) of the Proceeds of Crime Act 2002 (MC (Detention and Forfeiture of Cash) Rules 2002 r 6(6)) Magistrates' Court (Code) Date On the application of (name of applicant) of (address) after hearing oral evidence from and representations from It appears to the court that 1.the sum below was not seized from the applicant, 2.the sum below belongs to the applicant, 3.the conditions in section 295 of the Proceeds of Crime Act 2002 for detaining the sum below are no longer met or the court has decided not to order forfeiture of the sum below under section 298(2) of the Proceeds of Crime Act 2002, and 4.no objection to the making of this order has been made by the person from whom the sum below was seized/the cash was unattended*. It is ordered that the sum of which represents the whole/part* of the sum seized, together with any interest accruing thereon in accordance with section 296(1) of the Proceeds of Crime Act 2002, be released to or to the order of (name) on or before (specify a date, not more than seven days from the date of this order unless a later date is agreed by the applicant) Cash is not to be released under this direction where section 298(4) of the Proceeds of Crime Act 2002 (which provides that detained cash may not be released whilst forfeiture proceedings are ongoing) applies. Justice of the Peace [or by Order of the Court, Clerk of the Court] *Delete as appropriate Application for forfeiture of detained cash (Section 298(1) of the Proceeds of Crime Act 2002; MC (Detention and Forfeiture of Cash) Rules 2002 r 7(1)) Magistrates' Court (Code) Date Name of person from whom cash seized* Address* Names and addresses of any other persons identified by the court as being affected by this application Amount seized Date of seizure Time of seizure Place of seizure Date of latest order for continued detention of seized cash (if any) Amount detained under latest order for continued detention (if any) Amounts released since the latest order for continued detention (if any) I of (official address and position of applicant) Constable/Customs Officer**, apply for an order under 298(2) of the Proceeds of Crime Act 2002 for the forfeiture of cash in the sum of together with any interest accruing thereon pursuant to section 296(1) of that Act, on the grounds that the cash is recoverable property or is intended by any person for use in unlawful conduct. (state grounds) To: The Justices' Chief Executive Magistrates' Court Note to the Applicant - You must send a copy of this application to the person from whom the cash was seized and any other person specified in any order made under section 295(2) of the Proceeds of Crime Act 2002***. Note to copy recipients - If you are not the person from whom the cash was seized but the cash belongs to you and the court decides not to make a forfeiture order, you may apply to the court under section 301(4) of the Proceeds of Crime Act 2002 for the cash to be released to you. You can make an application before the court makes its decision on forfeiture. However, the court will not be able to release the cash to you until the forfeiture proceedings are finished. *In the case of a means of unattended dispatch such as a letter, parcel or container, insert names and addresses, if known, of sender and intended recipient. In the case of any other unattended cash, state that you believe the cash was unattended and explain your grounds for believing that the cash was unattended. **Delete as appropriate *** In the case of a means of unattended dispatch such as a letter, parcel or container, the copy application and, if applicable, notification of hearing should be given to the sender and intended recipient (if known), rather than the person from whom the cash was seized. In the case of any other unattended cash, there is no requirement to give the copy application and, if applicable, notification of hearing to the person from whom the cash was seized. Order for forfeiture of detained cash (section 298(2) of the Proceeds of Crime Act 2002; MC (Detention and Forfeiture of Cash) Rules 2002 r 7(7)) Magistrates' Court (Code) Date Name of person from whom cash was seized* Address* Names and addresses of any other persons whom the court has identified as being affected by the above-mentioned order Amount seized Date of seizure Time of seizure Place of seizure Date of latest order for continued detention of seized cash (if any) Amount detained under latest order for continued detention (if any) Amounts released since the latest order for continued detention (if any) On the application of after hearing oral evidence and representations from It is ordered that the whole/part** of the above-mentioned cash be forfeited. Sum forfeited Justice of the Peace [or by Order of the Court, Clerk of the Court] Note to the parties to these proceedings - Any party to the proceedings in which this forfeiture order is made may appeal against the order to the Crown Court under section 299 of the Proceeds of Crime Act 2002. The appeal must be brought before the end of the period of 30 days beginning with the date on which this order was made. *In the case of a means of unattended dispatch such as a letter, parcel or container, insert names, if known, of sender and intended recipient. In the case of any other unattended cash, state that the cash was unattended and state the grounds given by the applicant for believing that the cash was unattended. **Delete as appropriate (This note is not part of the Rules) These Rules prescribe the procedure to be followed for applications to a magistrates' court for the detention, further detention, forfeiture or release of cash seized under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002. Cash may be seized by a constable or customs officer on reasonable suspicion that the cash represents the benefit from unlawful conduct or is intended for use in unlawful conduct. The Rules also prescribe the procedure to be followed for applications to a magistrates' court for compensation where no forfeiture order is made. In addition, the Rules prescribe the forms to be used in connection with the applications and hearings. Notes: [1] 1980 c. 43.back [2] 2002 c. 29.back ISBN 0 11 044207 5 -- Back --
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