Textual Amendments
F1Word in Sch. 1 heading substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(2); S.I. 2018/78, reg. 5(1)(c)
Textual Amendments
F2Words in Sch. 1 Pt. 4 heading inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(11); S.I. 2018/78, reg. 5(1)(c)
9(1)A person who claims that any cash detained under this Schedule, or any part of it, belongs to him may apply to a magistrates’ court or (in Scotland) the sheriff for the cash or part to be released to him.U.K.
(2)The application may be made in the course of proceedings under paragraph 3 or 6 or at any other time.
(3)If it appears to the court or sheriff concerned that—
(a)the applicant was deprived of the cash claimed, or of property which it represents, by criminal conduct,
(b)the property he was deprived of was not, immediately before he was deprived of it, property obtained by or in return for criminal conduct and nor did it then represent such property, and
(c)the cash claimed belongs to him,
the court or sheriff may order the cash to be released to the applicant.
[F3(4)If sub-paragraph (5) applies, the court or sheriff may order the cash to be released to the applicant or to the person from whom it was seized.
(5)This sub-paragraph applies where—
(a)the applicant is not the person from whom the cash claimed was seized,
(b)it appears to the court or sheriff that the cash belongs to the applicant,
(c)the court or sheriff is satisfied that the release condition is met in relation to the cash, and
(d)no objection to the making of an order under sub-paragraph (4) has been made by the person from whom the cash was seized.
(6)The release condition is met—
(a)in relation to cash detained under paragraph 3, if the conditions in that paragraph for the detention of the cash are no longer met,
(b)in relation to cash detained under paragraph 5B or 5C, if the cash is not terrorist cash, and
(c)in relation to cash detained pending the conclusion of proceedings in pursuance of an application under paragraph 6, if the court or sheriff decides not to make an order under that paragraph in relation to the cash.]
Textual Amendments
F3Sch. 1 para. 9(4)-(6) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 38(6), 58(1)(6); S.I. 2018/78, reg. 3(u)