Terrorism Act 2000

Part I U.K. England and Wales

Valid from 19/02/2001

Interpretation U.K.

1 In this Part of this Schedule—

• “forfeiture order” means an order made by a court in England and Wales under section 23, and

• “forfeited property” means the money or other property to which a forfeiture order applies.

Valid from 19/02/2001

Implementation of forfeiture orders U.K.

2 (1) Where a court in England and Wales makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may—

(a) require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;

(b) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

(c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

(d) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within section 23(7).

(2) A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

(3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.

(4) Section 140 of the M1 Magistrates’ Courts Act 1980 (disposal of non-pecuniary forfeitures) shall not apply.

Modifications etc. (not altering text)

C1 Sch. 4 para. 2(1) extended (with modifications) (13.12.2001) by S.I. 2001/3927 art. 11(1)

Marginal Citations

M1 1980 c. 43.

3 (1) A receiver appointed under paragraph 2 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 2(1)(c). U.K.

(2) If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.

(3) A receiver appointed under paragraph 2 shall not be liable to any person in respect of any loss or damage resulting from action—

(a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

(b) which he would be entitled to take if the property were forfeited property, and

(c) which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

(4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.

Modifications etc. (not altering text)

C2 Sch. 4 para. 3 applied (13.12.2001) by S.I. 2001/3927, art. 11(1)

4 (1) In paragraphs 2 and 3 “the proper officer” means—

(a) where the forfeiture order is made by a magistrates’ court, the justices’ chief executive 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 justices’ chief executive 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 M2 Administration of Justice (Miscellaneous Provisions) Act 1933, the justices’ chief executive 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 section 23(7) 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.

Marginal Citations

M2 1933 c. 36.

Valid from 18/06/2009

[F1 Application of proceeds to compensate victims U.K.

Textual Amendments

F1 Sch. 4 para. 4A and preceding cross-heading inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 37(1), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

4A (1) Where a court makes a forfeiture order in a case where— U.K.

(a) the offender has been convicted of an offence that has resulted in a person suffering personal injury, loss or damage, or

(b) any such offence is taken into consideration by the court in determining sentence,

the court may also order that an amount not exceeding a sum specified by the court is to be paid to that person out of the proceeds of the forfeiture.

(2) For this purpose the proceeds of the forfeiture means the aggregate amount of—

(a) any forfeited money, and

(b) the proceeds of the sale, disposal or realisation of any forfeited property, after deduction of the costs of the sale, disposal or realisation,

reduced by the amount of any payment under paragraph 2(1)(d) or 3(1).

(3) The court may make an order under this paragraph only if it is satisfied that but for the inadequacy of the offender's means it would have made a compensation order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 under which the offender would have been required to pay compensation of an amount not less than the specified amount.]

Valid from 19/02/2001

Restraint orders U.K.

5 (1) The High Court may make a restraint order under this paragraph where—

(a) proceedings have been instituted in England and Wales for an offence under any of sections 15 to 18,

(b) the proceedings have not been concluded,

(c) an application for a restraint order is made to the High Court by the prosecutor, and

(d) a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

(2) The High Court may also make a restraint order under this paragraph where—

(a) it is satisfied that a person is to be charged in England and Wales with an offence under any of sections 15 to 18,

(b) an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of the proposed proceedings for the offence, and

(c) it appears to the High Court that a forfeiture order may be made in those proceedings.

(3) A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in the proceedings referred to in sub-paragraph (1) or (2).

(4) An application for a restraint order may be made to a judge in chambers without notice.

(5) In this paragraph a reference to dealing with property includes a reference to removing the property from Great Britain.

6 (1) A restraint order shall provide for notice of it to be given to any person affected by the order.

(2) A restraint order may be discharged or varied by the High Court on the application of a person affected by it.

(3) In particular, a restraint order shall be discharged on an application under sub-paragraph (2)—

(a) in the case of an order made under paragraph 5(2), if the proceedings in respect of the offence are not instituted within such time as the High Court considers reasonable, and

(b) in any case, if the proceedings for the offence have been concluded.

7 (1) A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Great Britain. U.K.

(2) Property seized under this paragraph shall be dealt with in accordance with the High Court’s directions.

Modifications etc. (not altering text)

C3 Sch. 4 para. 7 applied (13.12.2001) by S.I. 2001/3927, art. 12

8 (1) The M3 Land Charges Act 1972 and the M4 Land Registration Act 1925—

(a) shall apply in relation to restraint orders as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognizances, and

(b) shall apply in relation to applications for restraint orders as they apply in relation to other pending land actions.

(2) Where a restraint order is made under paragraph 5(1) or an application for such an order is made, the prosecutor in the proceedings for the offence shall be treated for the purposes of section 57 of the M5 Land Registration Act 1925 (inhibitions) as a person interested in respect of any registered land to which the restraint order or the application for the restraint order relates.

(3) Where a restraint order is made under paragraph 5(2) or an application for such an order is made, the person who the High Court is satisfied will have the conduct of the proposed proceedings shall be treated for the purposes of section 57 of that Act as a person interested in respect of any registered land to which the restraint order or the application for the restraint order relates.

Modifications etc. (not altering text)

C4 Sch. 4 para. 8 applied (13.12.2001) by S.I. 2001/3927, art. 12

Marginal Citations

M3 1972 c. 61.

M4 1925 c. 21.

M5 1925 c. 21.

Valid from 19/02/2001

Compensation U.K.

9 (1) This paragraph applies where a restraint order is discharged under paragraph 6(3)(a).

(2) This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18 which—

(a) do not result in conviction for an offence under any of those sections,

(b) result in conviction for an offence under any of those sections in respect of which the person convicted is subsequently pardoned by Her Majesty, or

(c) result in conviction for an offence under any of those sections which is subsequently quashed.

(3) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

(4) The High Court may order compensation to be paid to the applicant if satisfied—

(a) that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

(b) that the person in default was or was acting as a member of a police force, or was a member of the Crown Prosecution Service or was acting on behalf of the Service,

(c) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(d) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(5) The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred.

(6) Compensation payable under this paragraph shall be paid—

(a) where the person in default was or was acting as a member of a police force, out of the police fund out of which the expenses of that police force are met, and

(b) where the person in default was a member of the Crown Prosecution Service, or was acting on behalf of the Service, by the Director of Public Prosecutions.

X1 10 (1) This paragraph applies where— U.K.

(a) a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18, and

(b) the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5).

(2) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

(3) The High Court may order compensation to be paid to the applicant if satisfied—

(a) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(b) that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(4) Compensation payable under this paragraph shall be paid by the Secretary of State.

Editorial Information

X1 The omission of the cross-heading "Compensation" on 18.6.2009 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under "Restraint Orders" cross-heading.

Valid from 19/02/2001

Proceedings for an offence: timing U.K.

11 (1) For the purposes of this Part of this Schedule proceedings for an offence are instituted— U.K.

(a) when a justice of the peace issues a summons or warrant under section 1 of the M6 Magistrates’ Courts Act 1980 in respect of the offence;

(b) when a person is charged with the offence after being taken into custody without a warrant;

(c) when a bill of indictment charging a person with the offence is preferred by virtue of section 2(2)(b) of the M7 Administration of Justice (Miscellaneous Provisions) Act 1933.

(2) Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

(3) For the purposes of this Part of this Schedule proceedings are concluded—

(a) when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or

(b) when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).

Marginal Citations

M6 1980 c. 43.

M7 1933 c. 36.

Valid from 03/12/2014

[F2 Domestic and overseas freezing orders U.K.

Textual Amendments

F2 Sch. 4 Pt. 1 paras. 11A-11G and cross-headings inserted (prosp.) by Crime (International Co-operation) Act 2003 (c. 32), ss. 90, 94(1), Sch. 4 para. 3

11A (1) This paragraph has effect for the purposes of paragraphs 11B to 11G. U.K.

(2) The relevant Framework Decision means the Framework Decision on the execution in the European Union of orders freezing property or evidence adopted by the Council of the European Union on 22nd July 2003.

(3) A listed offence means—

(a) an offence described in Article 3(2) of the relevant Framework Decision, or

(b) a prescribed offence or an offence of a prescribed description.

(4) An order under sub-paragraph (3)(b) which, for the purposes of paragraph 11D, prescribes an offence or a description of offences may require that the conduct which constitutes the offence or offences would, if it occurred in a part of the United Kingdom, constitute an offence in that part.

(5) Specified information, in relation to a certificate under paragraph 11B or 11D, means—

(a) any information required to be given by the form of certificate annexed to the relevant Framework Decision, or

(b) any prescribed information.

(6) In this paragraph, “ prescribed ” means prescribed by an order made by the Secretary of State.

(7) A participating country means—

(a) a country other than the United Kingdom which is a member State on a day appointed for the commencement of Schedule 4 to the Crime (International Co-operation) Act 2003, and

(b) any other member State designated by an order made by the Secretary of State.

(8) “ Country ” includes territory.

(9) Section 14(2)(a) applies for the purposes of determining what are the proceeds of the commission of an offence.

Valid from 03/12/2014

Domestic freezing orders: certification U.K.

11B (1) If any of the property to which an application for a restraint order relates is property in a participating country, the applicant may ask the High Court to make a certificate under this paragraph. U.K.

(2) The High Court may make a certificate under this paragraph if—

(a) it makes a restraint order in relation to property in the participating country, and

(b) it is satisfied that there is a good arguable case that the property is likely to be used for the purposes of a listed offence or is the proceeds of the commission of a listed offence.

(3) A certificate under this paragraph is a certificate which—

(a) is made for the purposes of the relevant Framework Decision, and

(b) gives the specified information.

(4) If the High Court makes a certificate under this paragraph—

(a) the restraint order must provide for notice of the certificate to be given to the person affected by it, and

(b) paragraph 6(2) to (4) applies to the certificate as it applies to the restraint order.

Valid from 03/12/2014

Sending domestic freezing orders U.K.

11C (1) If a certificate is made under paragraph 11B, the restraint order and the certificate are to be sent to the Secretary of State for forwarding to— U.K.

(a) a court exercising jurisdiction in the place where the property is situated, or

(b) any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind.

(2) The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent.

(3) The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English).

(4) The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.

The signature may be an electronic signature.

(5) If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Secretary of State for forwarding as mentioned in sub-paragraph (1).

Valid from 03/12/2014

Overseas freezing orders U.K.

11D (1) Paragraph 11E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order. U.K.

(2) An overseas freezing order is an order prohibiting dealing with property—

(a) which is in the United Kingdom,

(b) which the appropriate court or authority considers is likely to be used for the purposes of a listed offence or is the proceeds of the commission of such an offence, and

(c) in respect of which an order has been or may be made by a court exercising criminal jurisdiction in the participating country for the forfeiture of the property,

and in respect of which the following requirements of this paragraph are met.

(3) The action which the appropriate court or authority considered would constitute or, as the case may be, constituted the listed offence is action done as an act of terrorism or for the purposes of terrorism.

(4) The order must relate to—

(a) criminal proceedings instituted in the participating country, or

(b) a criminal investigation being carried on there.

(5) The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.

(6) The certificate must—

(a) be signed by or on behalf of the court or authority which made or confirmed the order,

(b) include a statement as to the accuracy of the information given in it,

(c) if it is not in English, include a translation of it into English (or, if appropriate, Welsh).

The signature may be an electronic signature.

(7) The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.

(8) An appropriate court or authority in a participating country in relation to an overseas freezing order is—

(a) a court exercising criminal jurisdiction in the country,

(b) a prosecuting authority in the country,

(c) any other authority in the country which appears to the Secretary of State to have the function of making such orders.

(9) References in paragraphs 11E to 11G to an overseas freezing order include its accompanying certificate.

Valid from 03/12/2014

Enforcement of overseas freezing orders U.K.

11E (1) Where this paragraph applies the Secretary of State must send a copy of the overseas freezing order to the High Court and to the Director of Public Prosecutions. U.K.

(2) The court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.

(3) Before giving effect to the overseas freezing order, the court must give the Director an opportunity to be heard.

(4) The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998).

11F U.K. The High Court may postpone giving effect to an overseas freezing order in respect of any property—

(a) in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or

(b) if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be dealt with.

F3 11G (1) Where the High Court decides to give effect to an overseas freezing order, it must— U.K.

(a) register the order in that court,

(b) provide for notice of the registration to be given to any person affected by it.

(2) For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.

(3) Paragraph 7 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 5.

(4) The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions or any other person affected by it, if or to the extent that—

(a) the court is of the opinion mentioned in paragraph 11E(4), or

(b) the court is of the opinion that the order has ceased to have effect in the participating country.

(5) Her Majesty may by Order in Council make further provision for the enforcement in England and Wales of registered overseas freezing orders.

(6) An Order in Council under this paragraph—

(a) may make different provision for different cases,

(b) is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.]

Textual Amendments

F3 Sch. 4 paras. 11A-11G and cross-headings inserted (3.12.2014) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 4 para. 3; S.I. 2014/3192, art. 2(b)

Enforcement of orders made elsewhere in the British Islands U.K.

Valid from 19/02/2001

12 In the following provisions of this Part of this Schedule—

• “a Scottish order” means—

  (a)

  an order made in Scotland under section 23 (“a Scottish forfeiture order”),

  (b)

  an order made under paragraph 18 (“a Scottish restraint order”), or

  (c)

  an order made under any other provision of Part II of this Schedule in relation to a Scottish forfeiture or restraint order;

• “a Northern Ireland order” means—

  (a)

  an order made in Northern Ireland under section 23 (“a Northern Ireland forfeiture order”),

  (b)

  an order made under paragraph 33 (“a Northern Ireland restraint order”), or

  (c)

  an order made under any other provision of Part III of this Schedule in relation to a Northern Ireland forfeiture or restraint order;

• “an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—

  (a)

  section 23 (“an Islands forfeiture order”),

  (b)

  paragraph 5 (“an Islands restraint order”), or

  (c)

  any other provision of this Part of this Schedule.

13 (1) Subject to the provisions of this paragraph, a Scottish, Northern Ireland or Islands order shall have effect in the law of England and Wales.

(2) But such an order shall be enforced in England and Wales only in accordance with—

(a) the provisions of this paragraph, and

(b) any provision made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

(3) On an application made to it in accordance with rules of court for registration of a Scottish, Northern Ireland or Islands order, the High Court shall direct that the order shall, in accordance with such rules, be registered in that court.

(4) Rules of court shall also make provision—

(a) for cancelling or varying the registration of a Scottish, Northern Ireland or Islands forfeiture order when effect has been given to it, whether in England and Wales or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies;

(b) for cancelling or varying the registration of a Scottish, Northern Ireland or Islands restraint order which has been discharged or varied by the court by which it was made.

(5) If a Scottish, Northern Ireland or Islands forfeiture order is registered under this paragraph the High Court shall have, in relation to that order, the same powers as a court has under paragraph 2(1) to give effect to a forfeiture order made by it and—

(a) paragraph 3 shall apply accordingly,

(b) any functions of a justices’ chief executive shall be exercised by the appropriate officer of the High Court, and

(c) after making any payment required by virtue of paragraph 2(1)(d) or 3, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under this sub-paragraph shall be paid by him to the Secretary of State.

(6) If a Scottish, Northern Ireland or Islands restraint order is registered under this paragraph—

(a) paragraphs 7 and 8 shall apply as they apply to a restraint order under paragraph 5, and

(b) the High Court shall have power to make an order under section 33 of the M8 Supreme Court Act 1981 (extended power to order inspection of property, &c.) in relation to proceedings brought or likely to be brought for a Scottish, Northern Ireland or Islands restraint order as if those proceedings had been brought or were likely to be brought in the High Court.

(7) In addition, if a Scottish, Northern Ireland or Islands order is registered under this paragraph—

(a) the High Court shall have, in relation to its enforcement, the same power as if the order had originally been made in the High Court,

(b) proceedings for or with respect to its enforcement may be taken as if the order had originally been made in the High Court, and

(c) proceedings for or with respect to contravention of such an order, whether before or after such registration, may be taken as if the order had originally been made in the High Court.

(8) The High Court may also make such orders or do otherwise as seems to it appropriate for the purpose of—

(a) assisting the achievement in England and Wales of the purposes of a Scottish, Northern Ireland or Islands order, or

(b) assisting a receiver or other person directed by a Scottish, Northern Ireland or Islands order to sell or otherwise dispose of property.

(9) The following documents shall be received in evidence in England and Wales without further proof—

(a) a document purporting to be a copy of a Scottish, Northern Ireland or Islands order and to be certified as such by a proper officer of the court by which it was made, and

(b) a document purporting to be a certificate for purposes corresponding to those of paragraph 4(2) and (3) and to be certified by a proper officer of the court concerned.

Commencement Information

I1 Sch. 4 para. 13 wholly in force at 19.2.2001; Sch. 4 para. 13 not in force at Royal Assent see s. 128; Sch. 4 para. 13(2)(b)(3)(4) in force at 31.10.2000 by S.I. 2000/2944, art. 2(h)(i); Sch. 4 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2

Marginal Citations

M8 1981 c. 54.

Valid from 19/02/2001

Enforcement of orders made in designated countries U.K.

14 (1) Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in England and Wales of external orders. U.K.

(2) An “external order” means an order—

(a) which is made in a country or territory designated for the purposes of this paragraph by the Order in Council, and

(b) which makes relevant provision.

(3) “Relevant provision” means—

(a) provision for the forfeiture of terrorist property (“an external forfeiture order”), or

(b) provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory (“an external restraint order”).

(4) An Order in Council under this paragraph may, in particular, include provision—

(a) which, for the purpose of facilitating the enforcement of any external order that may be made, has effect at times before there is an external order to be enforced;

(b) for matters corresponding to those for which provision is made by, or can be made under, paragraph 13(1) to (8) in relation to the orders to which that paragraph applies;

(c) for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the Order in Council.

(5) An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

(6) An Order in Council under this paragraph—

(a) may make different provision for different cases, and

(b) shall not be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.