Anti-terrorism, Crime and Security Act 2001

PART 3 U.K. Forfeiture

Forfeiture U.K.

6 (1) While cash is detained under this Schedule, an application for the forfeiture of the whole or any part of it may be made— U.K.

(a) to a magistrates’ court by the Commissioners of Customs and Excise or an authorised officer,

(b) (in Scotland) to the sheriff by the Scottish Ministers.

(2) The court or sheriff may order the forfeiture of the cash or any part of it if satisfied that the cash or part is terrorist cash.

(3) In the case of property earmarked as terrorist property which belongs to joint tenants one of whom is an excepted joint owner, the order may not apply to so much of it as the court or sheriff thinks is attributable to the excepted joint owner’s share.

(4) An excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against him) be earmarked; and references to his share of the earmarked property are to so much of the property as would have been his if the joint tenancy had been severed.

Appeal against forfeiture U.K.

7 (1) Any party to proceedings in which an order is made under paragraph 6 (“a forfeiture order”) who is aggrieved by the order may appeal— U.K.

(a) in relation to England and Wales, to the Crown Court,

(b) in relation to Scotland, to the Court of Session,

(c) in relation to Northern Ireland, to a county court.

(2) An appeal under sub-paragraph (1) must be made—

(a) within the period of 30 days beginning with the date on which the order is made, or

(b) if sub-paragraph (6) applies, before the end of the period of 30 days beginning with the date on which the order under section 3(3)(b) of the Terrorism Act 2000 (c. 11) referred to in that sub-paragraph comes into force.

(3) The appeal is to be by way of a rehearing.

(4) The court hearing the appeal may make any order it thinks appropriate.

(5) If the court upholds the appeal, it may order the release of the cash.

(6) Where a successful application for a forfeiture order relies (wholly or partly) on the fact that an organisation is proscribed, this sub-paragraph applies if—

(a) a deproscription appeal under section 5 of the Terrorism Act 2000 is allowed in respect of the organisation,

(b) an order is made under section 3(3)(b) of that Act in respect of the organisation in accordance with an order of the Proscribed Organisations Appeal Commission under section 5(4) of that Act (and, if the order is made in reliance on section 123(5) of that Act, a resolution is passed by each House of Parliament under section 123(5)(b)), and

(c) the forfeited cash was seized under this Schedule on or after the date of the refusal to deproscribe against which the appeal under section 5 of that Act was brought.

Application of forfeited cash U.K.

8 (1) Cash forfeited under this Schedule, and any accrued interest on it— U.K.

(a) if forfeited by a magistrates’ court in England and Wales or Northern Ireland, is to be paid into the Consolidated Fund,

(b) if forfeited by the sheriff, is to be paid into the Scottish Consolidated Fund.

(2) But it is not to be paid in—

(a) before the end of the period within which an appeal under paragraph 7 may be made, or

(b) if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of.