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

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Forfeiture

8.—(1) An application under section 28 of the Act for the forfeiture of detained cash shall be made in writing in Form 6 and shall be lodged with the clerk of petty sessions.

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

(4) At the hearing of an application received in accordance with paragraph (1), 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 and from any other party heard by the court in accordance with section 28(3) to be made on oath.

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