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

Applications for release of detained cash

7.—(1) An application under section 297(3) or 301(1) 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 for the petty sessions district in which the cash was seized.

(2) If the applicant has been given notice of an order under section 295(2) in respect of the detained cash, then the application shall be sent to the clerk of petty sessions who sent him that notice.

(3) The clerk of petty sessions shall send a copy of the application to–

(a) the Commissioners of Customs and Excise, if the cash which is the subject of the application was seized by a customs officer;

(b) the Chief Constable or, as the case may be, the chief officer of the police force to which the constable belongs, if the cash which is the subject of the application was seized by a constable; and

(c) every person to whom notice of the order made under section 295(2) has been given.

(4) The clerk of petty sessions 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 shall notify that date to the applicant and to every person to whom a copy of the application is required to be sent under paragraph (3).

(5) At the hearing of an application under section 301(1) the court may, if it thinks fit, order that the applicant shall be joined as a party to the proceedings in relation to the detained cash.

(6) A direction under section 297(2) shall be in Form 4, an order under section 301(3) shall be in Form 5 and an order under section 301(4) shall be in Form 6.

(7) A direction under section 297(2) and an order under section 301(3) or (4) shall provide for the release of the cash within seven days of the date of the making of the direction or order, as the case may be, or such longer period as, with the agreement of the applicant, may be specified, except that cash shall not be released whilst section 298(4) applies.