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Magistrates' Courts (Terrorism Act 2000) Rules (Northern Ireland) 2001

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6.—(1) An application under section 26(4) for a further order for the continued detention of cash shall be made in writing in Form 4 and shall be lodged with the clerk of petty sessions and shall be accompanied by a copy of the relevant order for continued detention.

(2) A copy of the application under paragraph (1) shall be given by the applicant to the person from whom cash was seized and to any other person affected by, and specified in, the order made in relation to the application under section 26(1).

(3) An application under section 27(2) for the release of detained cash shall be made in writing, shall state the grounds on which it is made, and shall be lodged with the clerk of petty sessions.

(4) The clerk of petty sessions who receives an application in accordance with paragraph (1) shall fix a date for the hearing of the application, shall notify the applicant and every person to whom notice of the order for continued detention has been given of the date fixed for the hearing which, unless the clerk of petty sessions directs otherwise in any particular case, shall not be within seven days of the date on which the application is received.

(5) The requirements of paragraph (4) shall also apply to any application made in accordance with paragraph (3) and the clerk of petty sessions shall in addition give a copy of the written application to every person, other than the applicant, to whom notice of the order for continued detention has been given.

(6) At the hearing of an application received in accordance with paragraph (1) or (3), the magistrates' court shall require the matters contained in the application to be sworn by the applicant on oath, may require the applicant to answer any questions on oath, and may require any response from the respondent to the application to be made on oath.

(7) If the court is satisfied that a further order for continued detention of cash should be made under section 26(4), it shall endorse the order for continued detention accordingly, and a copy of the order so endorsed shall be given by the clerk of petty sessions to every person to whom notice of the order for continued detention has been given.

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