The Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002

Transfer of proceedings

10.—(1) Any person who is a party to, or affected by, proceedings under Chapter 3 of Part 5 of the Act may, at any time, make an application to the court dealing with the matter for the proceedings to be transferred to a different petty sessions area.

(2) Any such application shall be made in writing and sent to the justices' chief executive for the petty sessions area in which the proceedings are being dealt with and shall specify the grounds on which it is made.

(3) The justices' chief executive shall send a copy of the application to the parties to the proceedings and any other person affected by the proceedings.

(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 the date to the applicant and every person to whom a copy of the application is required to be sent under paragraph (3).

(5) The court may grant the application if it is satisfied that it would be more convenient or fairer for proceedings to be transferred to a different petty sessions area.

(6) If the application is granted—

(a)the justices' chief executive shall give a copy of the order to the parties to the proceedings and any other person affected by the proceedings;

(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.