Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/2998 |
| Year | 2002 |
2002 No. 2998 (L.17)
MAGISTRATES' COURTS, ENGLAND AND WALESPROCEDURE
The Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002
Made 2nd December 2002
Laid before Parliament 9th December 2002
Coming into force 30th December 2002
The Lord Chancellor, in exercise of the powers conferred on him by section 144 and 145(1)(a) of the Magistrates' Courts Act 19801, 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 Cash) Rules 2002 and shall come into force on 30th December 2002.
Interpretation
2. In these Rules—
(a) “the Act” means the Proceeds of Crime Act 20022;
(b) “justices' clerk” means the justices' clerk for the justices who are to hear or have heard an application;
(c) words and expressions used have the same meaning as in Chapter 3 of Part 5 of the Act;
(d) a reference to a form is a reference to a form set out in the Schedule to these Rules or a form with the same effect.
Prior approval of searches for cash
3.—(1) An application to a justice of the peace under section 290(1) of the Act for prior approval of a search for cash under section 289 of the Act may be made without notice.
(2) A justice of the peace may grant such an application without a hearing and may conduct any hearing in private.
First application for the continued detention of seized cash
4.—(1) The first application under section 295(4) of the Act for an order under section 295(2) of the Act for the continued detention of cash seized under section 294 of the Act shall be made in form A and shall be sent to the justices' chief executive for the petty sessions area of the court before which the applicant wishes to make the application.
(2) But where the reasonable grounds for suspicion which led to the seizure of cash to which an application under section 295(4) of the Act relates are connected to the reasonable grounds for suspicion which led to the seizure of other cash to which a previous order made under section 295(2) of the Act relates, then the application may be sent to the justices' chief executive for the petty sessions area of the court which made the previous order.
(3) Except where paragraph (4) or paragraph (7) applies, 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.
(4) Where seized cash is found in a means of unattended dispatch, such as an unattended letter, parcel or container, copies of the written application and notification of the hearing of the application shall be sent by the applicant to the sender and intended recipient of the means of unattended dispatch.
(5) But where paragraph (4) applies the applicant is not required to send copies of the written application and notification of the hearing to a sender or intended recipient who cannot be identified.
(6) Where paragraph (4) 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 been given a copy of the written application and notification of the hearing.
(7) Where unattended cash is seized (other than where the cash is found in a means of unattended dispatch) the applicant need not give a copy of the written application and notification of the hearing to any person.
(8) An order for the continued detention of seized cash shall be in Form B.
(9) The justices' chief executive shall give—
(a)
(a) notice of the order in Form C, and
(b)
(b) a copy of the order,
to the person from whom the cash was seized and to any other person known to be affected by the order.
Further applications for the continued detention of seized cash
5.—(1) An application under section 295(4) of the Act for a further order under section 295(2) of the Act for the continued detention of cash shall be made in Form A and shall be sent to the justices' chief executive to whom the first application under section 295(4) of the Act was sent.
(2) The applicant shall send a copy of the application to every person to whom notice of previous related orders made under section 295(2) of the Act 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 the justices' chief executive shall notify that date to the applicant and every person to whom notice of the previous orders has been given.
(4) A further order for the continued detention of seized cash shall be in Form B.
(5) The justices' chief executive shall give a copy of the order to every person to whom notice of the previous related orders has been given.
(6) The justices' chief executive shall also give—
(a)
(a) notice of the order in Form C, and
(b)
(b) a copy of the order,
to any person other than one referred to in paragraph (5) known to be affected by the order.
Applications for the release of detained cash
6.—(1) An application under section 297(3) or 301(1) of the Act for the release of detained cash shall be made in writing and sent to the justices' chief executive for the petty sessions area of the court before which the applicant wishes to make the application.
(2) But if the applicant has been given notice of an order under section 295(2) of the Act in respect of the detained cash, then the application shall be sent to the justices' chief executive who sent him that notice.
(3) The justices' chief executive shall send a copy of the application to—
(a)
(a) the Commissioners of Customs and Excise, if the cash which is the subject of the application was seized by a customs officer;
(b)
(b) the chief officer of the police force to which the constable belongs (or in the case of a constable who is a member of the National Crime Squad, the Director General of that Squad), if the cash which is the subject of the application was seized by a...
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