The Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) (No. 2) Rules 2001

Statutory Instruments

2001 No. 4013

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

The Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) (No. 2) Rules 2001

Made

14th December 2001

Laid before Parliament

17th December 2001

Coming into force

20th December 2001

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980(1), after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) (No. 2) Rules 2001 and shall come into force on 20th December 2001.

Revocation

2.  The Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules 2001(2) are hereby revoked.

Interpretation

3.  In these Rules—

(a) “the Act” means the “Anti-terrorism, Crime and Security Act 2001(3)”;

(b) words and expressions used have the same meaning as in Schedule 1 to the Act;

(c) a reference to a paragraph of Schedule 1 by number alone is a reference to a paragraph so numbered in Schedule 1 to the Act; and

(d) a reference to a form is a reference to a form set out in the Schedule to these Rules.

First application for continued detention of seized cash

4.—(1) The first application under paragraph 3(5) of Schedule 1 for an order under paragraph 3(2) of Schedule 1 for continued detention of cash seized under paragraph 2 of Schedule 1 shall be made in Form A and shall be sent to the justices' clerk for the petty sessions area in which the cash was seized.

(2) A copy of the written application and notification of the hearing of the application shall be given by the applicant to the person from whom the cash was seized.

(3) Where seized cash is found in a letter, parcel, container or other means of unattended dispatch, the reference in paragraph (2) to the person from whom the cash was seized shall be read as a reference to the sender and intended recipient of the letter, parcel, container or other means of unattended dispatch.

(4) Where paragraph (3) applies, the court shall not decline to hear an application solely on the ground that it has not been proved that the sender and intended recipient have received a copy of the written application and notification of hearing.

(5) An order for continued detention of seized cash shall be in Form B.

(6) The justices' clerk shall give—

(a) notice of the order in Form C, and

(b) a copy of the order,

to the person from whom the cash was seized and to any other person who is affected by the order.

Further applications for continued detention of seized cash

5.—(1) An application under paragraph 3(5) of Schedule 1 for a further order under paragraph 3(2) of Schedule 1 for the continued detention of cash shall be in Form A and shall be sent to the justices' clerk referred to in rule 4(1).

(2) The applicant shall send a copy of the application to every person to whom notice of previous orders made under paragraph 3(2) of Schedule 1 has been given.

(3) 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 he shall notify the applicant and every person to whom notice of the previous orders has been given of that date.

(4) A further order for the continued detention of seized cash shall be in Form B.

(5) The justices' clerk shall give a copy of the order to every person to whom notice of the previous orders has been given.

(6) The justices' clerks shall also give—

(a) notice of the order in Form C, and

(b) a copy of the order,

to any other person other than one referred to in paragraph (5) who is affected by the order.

Applications for release of detained cash

6.—(1) An application under paragraph 5(2) or paragraph 9(1) of Schedule 1 for the release of detained cash shall be made in writing to the justices' clerk referred to in rule 4(1), and shall specify the grounds on which it is made.

(2) The justices' clerk shall send a copy of the application to the authorised officer who seized the cash and to every person to whom notice of an order made under paragraph 3(2) of Schedule 1 has been given.

(3) 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 shall notify the applicant, the authorised officer who seized the cash and every person to whom notice of an order made under paragraph 3(2) of Schedule 1 has been given of that date.

(4) At a hearing of an application under paragraph 9(1) of Schedule 1, the court may, if it thinks fit, order that the applicant shall be joined as a party to all the proceedings in relation to the detained cash.

(5) A direction under paragraph 5(2) of Schedule 1 for the release of detained cash shall be in Form D, and shall provide for the release of the cash within seven days of the date of the making of the direction or such longer period as with the agreement of the applicant may be specified in the direction, except that the cash shall not be released whilst paragraph 5(4) of Schedule 1 applies.

(6) An order under paragraph 9(3) of Schedule 1 for the release of detained cash shall be in Form E, and shall provide for the release of the cash within seven days of the date of the making of the order or such longer period as with the agreement of the applicant may be specified in the order.

Application for forfeiture of detained cash

7.—(1) An application under paragraph 6(1) of Schedule 1 for the forfeiture of detained cash shall be in Form F and shall be sent to the justices' clerk referred to in rule 4(1).

(2) The applicant shall send a copy of the application to every person to whom notice of an order made under paragraph 3(2) of Schedule 1 has been given.

(3) 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 shall notify the applicant and every person to whom notice of an order made under paragraph 3(2) of Schedule 1 has been given of that date.

(4) An order for the forfeiture of detained cash under paragraph 6(2) of Schedule 1 shall be in Form G and a copy of the order shall be given by the justices' clerk to every person to whom notice of an order made under paragraph 3(2) of Schedule 1 has been given.

Application for compensation

8.—(1) An application under paragraph 10(1) of Schedule 1 for compensation shall be made in writing to the justices' clerk referred to in rule 4(1), and shall specify the grounds on which it is made.

(2) The justices' clerk shall send a copy of the application to—

(a) the Commissioners of Customs and Excise, if the cash which is the subject of the application was seized by a customs officer;

(b) the police force to which the constable belongs, if the cash which is the subject of the application was seized by a constable;

(c) the Secretary of State, if the cash which is the subject of the application was seized by an immigration officer.

(3) 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 shall notify the applicant and the person referred to in paragraph (2) of that date.

Notice

9.  Any notice or copy of any order required to be given to any person under these Rules may be given by post to his last known address.

Procedure at hearings

10.—(1) At the hearing of an application under Schedule 1 to the Act, any person to whom notice of the application has been given may attend and be heard on the question of whether the application should be granted, but the fact that any such person does not attend shall not prevent the court from hearing the application.

(2) Subject to the foregoing provisions of these Rules, proceedings on such an application shall be regulated in the same manner as proceedings on a complaint, and accordingly for the purposes of these Rules, the application shall be deemed to be a complaint, the applicant a complainant, the respondents to be defendants and any notice given by the justices' clerk under rules 5(3), 6(3), 7(3) or 8(3) to be a summons: but nothing in this rule shall be construed as enabling a warrant of arrest to be issued for failure to appear in answer to any such notice.

(3) At the hearing of an application under Schedule 1 to the Act, the court shall require the matters contained in the application to be sworn by the applicant under oath, may require the applicant to answer any questions under oath and may require any response from the respondent to the application to be made under oath.

(4) The court shall record or cause to be recorded in writing the substance of any statements made under oath which are not already recorded in the written application.

Irvine of Lairg, C.

14th December 2001

SCHEDULE

FORM A First/Further** application for continued detention of seized cash

FORM B First/Further** order for continued detention of seized cash

FORM C Notice to persons affected by an order for continued detention of seized cash

FORM D Direction for the release of detained cash under paragraph 5(2) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001

FORM E Order for the release of detained cash under paragraph 9(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001

FORM F Application for forfeiture of detained cash

FORM G Order for forfeiture of detained cash (Paragraph 6(2) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001; MC (Detention and Forfeiture of Terrorist Cash (No. 2) Rules 2001 r 7(4))

Explanatory Note

(This note is not part of the Rules)

These Rules revoke and replace the Magistrates' Court (Detention and Forfeiture of Terrorist Cash) Rules 2001. They prescribe the procedure to be followed for applications to a magistrates' court for the detention, further detention, forfeiture or release of cash seized by a constable, customs officer, or immigration officer under Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 on reasonable suspicion of a connection to terrorism. They also prescribe the procedure to be followed for applications to a magistrates' court for compensation where no forfeiture order is made. The Rules prescribe the forms to be used in connection with the applications and hearings.

(1)

1980 c. 43.

(2)

S.I. 2001/194.

(3)

2001 c. 24.