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Magistrates' Courts (Drug Trafficking Act 1994) Rules (Northern Ireland) 1996

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Explanatory Note

(This note is not part of the Rules.)

These rules revoke and replace the Magistrates' Courts (Criminal Justice (International Co-operation) Act 1990) (No. 2) Rules (Northern Ireland) 1992 to take account of the repeal of sections 25-29 of the Criminal Justice (International Co-operation) Act 1990 by the Drug Trafficking Act 1994 as from 3rd February 1995.

Part II of the 1994 Act replaces sections 25-29 of the 1990 Act and contains an additional provision providing for appeals against forfeiture orders made by magistrates' courts and providing for applications to magistrates' courts for the release of forfeited cash towards an appellant’s legal expenses.

These rules make provision for various applications in respect of the seizure, detention and forfeiture of cash suspected to be the proceeds of drug trafficking or intended for use in drug trafficking. Additionally rule 10 sets out the procedure to be followed where an appeal is to be made under section 44 of the 1994 Act and rule 11 provides for the procedure to be followed where an application is made under section 44(4) for the release of cash to meet an appellant’s legal expenses.

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