Magistrates' Courts (Proceeds of Crime Act 2002) (Confiscation) Rules (Northern Ireland) 2003

Seized Money

3.—(1) An application under section 215(5) for an order that money be paid to the appropriate chief clerk (“payment order”) shall be made in Form 1, or a form with the same effect, and shall be accompanied by: –

(a) a copy of the restraint order which has effect in relation to the money; and

(b) a copy of the confiscation order against the person who holds the money.

(2) The applicant shall, not less than fourteen days prior to the date of the hearing, serve the application on the clerk of petty sessions and at the same time serve a copy thereof on the bank or building society against which the payment order is sought at its registered or principal office, if such office is situated in Northern Ireland, or otherwise at any place of business maintained by it in Northern Ireland.

(3) Where the money has been seized under Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989(1), the applicant shall, at the same time, serve a copy of the application on: –

(a) the Chief Constable or, as the case may be, the chief officer of the police force which maintains the account in which the money is held; or

(b) the Commissioners of Her Majesty’s Customs and Excise,

as appropriate.

(4) In this rule a reference to the clerk of petty sessions shall mean the clerk of petty sessions for the petty sessions district in which the bank or building society is served with a copy of the application in accordance with paragraph (2).

(1)

1989 No. 1341 (N.I. 12)