Criminal Justice (International Co-operation) Act 1990

Prospective

[F1 26A Appeal against section 26 order. U.K.

(1) This section applies where an order for the forfeiture of cash (“the forfeiture order”) is made under section 26 above by a magistrates’ court.

(2) Any party to the proceedings in which the forfeiture order is made (other than the applicant for the order) may, before the end of the period of 30 days beginning with the date on which it is made, appeal to the Crown Court or, in Northern Ireland, to a county court.

(3) An appeal under this section shall be by way of a rehearing.

(4) On an application made by the appellant to a magistrates’ court at any time, that court may order the release of so much of the cash to which the forfeiture order relates as it considers appropriate to enable him to meet his legal expenses in connection with the appeal.

(5) The court hearing an appeal under this section may make such order as it considers appropriate.

(6) If it upholds the appeal, the court may order the release of the cash, or (as the case may be) the remaining cash, together with any accrued interest.

(7) Section 26(3) applies in relation to a rehearing on an appeal under this section as it applies to proceedings under section 26.]

Textual Amendments

F1 Ss. 26A and 26B inserted (prosp.) by 1993 c. 36, ss. 25(1), 78(3) (with ss. 25(6) and 78(6)) (which prosp. insertion falls by reason of the repeal of 1993 c. 36, s. 25 by 1994 c. 37 ss. 67(1), 69(2), Sch. 3).