Magistrates' Courts (Detention and Forfeiture of Seized Cash) Rules (Northern Ireland) 2003

First application for continued detention of seized cash

4.—(1) A first application under section 295(4) for an order under section 295(2) for continued detention of cash seized under section 294 shall be made in Form 1 and shall be sent to the clerk of petty sessions for the petty sessions district in which the cash was seized.

(2) Where the reasonable grounds for suspicion which led to the seizure of cash to which an application under section 295(4) 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) relates, then the application may be sent to the clerk of petty sessions for the petty sessions district 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) 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 received 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.