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1.—(1) These Rules may be cited as the Magistrates' Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991, and shall come into force on 23rd September 1991.
(2) In these Rules–
(a)“the Act” means the Criminal Justice (International Co-operation) Act 1990(1); and
(b)any reference to a form is a reference to a form set out in the Schedule to these Rules or a form to the like effect.
2.—(1) An application for an order under section 25(2) of the Act for continued detention of cash seized under section 25(1) thereof shall be made in writing in Form A to a justice of the peace who ordinarily acts for the petty sessions area in which the cash was seized.
(2) A copy of the written application under paragraph (1) above shall be given by the applicant to the person from whom the cash was seized.
3.—(1) A justice of the peace considering an application under section 25(2) of the Act shall require the matters contained in it to be sworn by the applicant under oath, may require the applicant to answer any questions under oath, and may require any statement in response by the person from whom the cash was seized to be made under oath.
(2) The justice shall record or cause to be recorded in writing the substance of any statements made under oath which are not already recorded in the written application.
4. In rules 2, 3 and 8 of these Rules, references to the person from whom the cash was seized include references to the sender and the intended recipient, where known, of a letter, parcel, container or other means of unattended dispatch, but a justice of the peace shall not decline to hear an application in such a case solely on the ground that it has not been proved that the sender or intended recipient has received a copy of the written application under rule 2(2) of these Rules.
5.—(1) An order made by a justice of the peace under section 25(2) of the Act shall be in Form B.
(2) Notice of any order mentioned in paragraph (1) above shall be given forthwith by the applicant to any person appearing to him to be affected by it and such notice shall be in the form set out in Form B and shall be accompanied by a copy of the said order.
6. Where, in accordance with an order made under section 25(2) of the Act, the applicant gives notice to any person affected by the order, the applicant shall notify the clerk of the magistrates' court to which any application under section 25(3) or (5) would, in accordance with rule 7(1) and (2) of these Rules, be made of the names and addresses of the persons so notified.
7.—(1) An application under section 25(3) of the Act for further detention of cash shall be in Form C and shall be sent to the clerk to the justices for the petty sessions area in which the seizure was made.
(2) An application under section 25(5) of the Act for the release of detained cash shall be made in writing to the clerk of the said magistrates' court, and shall specify the grounds on which it is made.
(3) The clerk of the magistrates' court who receives an application in accordance with paragraph (1) or (2) above shall fix a date for the hearing of the application, shall notify the applicant thereof and shall notify any persons to whom notice of the order for continued detention has been given of the application and of the date fixed for the hearing.
(4) If the court is satisfied that an order for further detention of cash should be made under section 25(3) of the Act, it shall endorse the order for continued detention accordingly, and a copy of the order so endorsed shall be given by the clerk of the court to any persons to whom notice of the order for continued detention has been given.
8. A direction under section 25(5)(a) of the Act for the release of detained cash shall be in Form D, and shall provide for the release of the cash within 7 days of the date of the making of the direction or such longer period as with the agreement of the person from whom the cash was seized may be specified in the notice.
9.—(1) An application for forfeiture of cash under section 26 of the Act shall be in Form E and shall be addressed to the clerk of the magistrates' court referred to in rule 7(1) of these Rules.
(2) The clerk of the magistrates' court who receives such an application shall fix a date for the hearing, shall notify the applicant thereof, and shall notify any persons to whom notice of an order for continued detention has been given of the application and of the date fixed for the hearing.
10. At any hearing under section 25(3) or (5) of the Act, or under section 26 thereof, or on the application of any person affected by an order for continued or further detention, the court may, if it thinks fit, order that such person be joined as a party to the proceedings and, if the court so orders, otherwise than at such a hearing, the clerk of the magistrates' court shall give notice to the other parties.
11. Any notice or copy of any order required to be given to any person under the foregoing provisions of these Rules may be given by post to his last known address.
12.—(1) At the hearing of an application under section 25(3) or (5) of the Act, or under section 26 thereof, any person to whom notice of the application has been given may attend and be heard on the question whether a further order should be made, an existing order should be discharged, or a forfeiture order should be made, as the case may be, but the fact that any such person does not attend shall not prevent the court from hearing the application.
(2) Subject to the foregoing provisions of these Rules, proceedings on such an application shall be regulated in the same manner as proceedings on a complaint, and accordingly for the purposes of this rule the application shall be deemed to be a complaint, the applicant to be a complainant, the respondents to be defendants, and any notice given by the clerk to a magistrates' court under rule 7(3) or 9(2) of these Rules to be a summons; but nothing in this rule shall be construed as enabling a warrant of arrest to be issued for failure to appear in answer to any such notice.
Mackay of Clashfern, C.
21st August 1991