Counter-Terrorism Act 2008

Counter-Terrorism Act 2008

2008 CHAPTER 28

Commentary on Sections

Part 7 – Miscellaneous

Forfeiture of terrorist cash

Section 84 – Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings

228. This section substitutes paragraphs 7 and new 7A in Schedule 1 to ATCSA (appeals against decision in forfeiture proceedings). Some of the amendments are to take account of amendments made to the 2000 Act by section 22 of the Terrorism Act 2006 (name changes by proscribed organisations). Specific provision is made for the timing of appeals against a decision in forfeiture proceedings relating to “terrorist cash” where the forfeiture depends on the proscription of an organisation and the organisation in question is subsequently de-proscribed as a result of an appeal to the Proscribed Organisations Appeal Commission (POAC). Section 22 of the 2006 Act amended the 2000 Act to allow the Secretary of State to specify by order an alternative name for a proscribed organisation and to provide for appeals to POAC against such orders. Where the appeal is successful, the Secretary of State is required by section 5(5) of the 2000 Act to make an order under section 3(8) effectively revoking the earlier order. New paragraph 7A takes account of this circumstance and provides that an appeal may be brought at any time before the end of 30 days beginning with the date the de-proscription order comes into force.

229. Paragraph 7 of Schedule 1 to ATCSA corresponds to section 299 of the Proceeds of Crime Act 2002. That section was substituted by section 101 of the Serious Organised Crime and Police Act 2005. The paragraph 7 substituted by this section reflects the changes made to section 299 of the 2002 Act. These are: (a) the applicant for a forfeiture order is given the right of appeal against the court’s refusal to make an order; and (b) the requirement that the hearing of an appeal against a forfeiture order is by way of a rehearing is omitted.

230. The new paragraph 7 also provides that the right of appeal in Scotland is to the sheriff principal (rather than the Court of Session).