Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1F2CHAPTER 3BForfeiture of money held in F1certain accounts
Word in Pt. 5 Ch. 3B heading substituted (27.4.2017 retrospective for E.W.S, 28.6.2021 for N.I.) by Financial Services Act 2021 (c. 22), s. 33(2)(3), Sch. 12 para. 12 (with s. 33(4)); S.I. 2021/739, reg. 2
Pt. 5 Ch. 3B applied (31.1.2018 for E.W.S. in so far as not already in force, 27.4.2017 for specified purposes, 28.6.2021 for N.I. in so far as not already in force) by 2007 c. 30, s. 24(1) (as substituted by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i))
Forfeiture orders
303Z16F2F1C1Appeal against decision under section 303Z14
1
Any party to proceedings for an order for the forfeiture of money under section 303Z14 who is aggrieved by an order under that section or by the decision of the court not to make such an order may appeal—
a
from an order or decision of a magistrates' court in England and Wales, to the Crown Court;
b
from an order or decision of the sheriff, to the Sheriff Appeal Court;
c
from an order or decision of a magistrates' court in Northern Ireland, to a county court.
2
An appeal under subsection (1) must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision.
3
The court hearing the appeal may make any order it thinks appropriate.
4
If the court upholds an appeal against an order forfeiting the money, it may order the release of the whole or any part of the money.
5
Where money is released by virtue of subsection (4), there must be added to the money on its release any interest accrued on it whilst in the account referred to in section 303Z14(7)(a).
Pt. 5 Ch. 3B inserted (27.4.2017 for specified purposes, 30.1.2018 for the insertion of ss. 303Z2(4), 303Z10 for E.W.S. so far as not already in force, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 16, 58(1)(6) (as amended (N.I.) on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)) by S.I. 2019/742, regs. 1, 109(3)); S.I. 2018/78, regs. 2(b), 3(d); S.I. 2021/724, reg. 2(1)(g)