The Magistrates’ Courts (Detention and Forfeiture of Cash) (Amendment) Rules 2017

Application for forfeiture of detained cash

7.  In rule 7—

(a) in paragraph (1), for “designated officer to whom” substitute “court to which”;

(b) for paragraph (2) substitute—

“(2) Where no applications in respect of the property have been made under section 303L(4) of the Act, the application shall be sent to—

(a) the court before which the applicant wishes to make the application; or

(b) where the reasonable grounds for suspicion which led to the seizure of property to which the application for forfeiture relates are connected to the reasonable grounds for suspicion which led to—

(i) the seizure of property to which an order made under section 295(2) or 303L(1) of the Act relates; or

(ii) the making of an account freezing order under section 303Z3(2) of the Act,

to the court which made the order listed in sub-paragraph (i) or (ii).”;

(c) in paragraph (4)—

(i) for “justices’ clerk” substitute “court”;

(ii) for “he directs” substitute “directed”; and

(iii) omit “the designated officer”; and

(d) in paragraph (7)—

(i) for “An order for the forfeiture of detained cash under section 298(2) of the Act and a copy of the order” substitute “A copy of the order for the forfeiture of detained cash under section 298(2) of the Act”; and

(ii) for “designated officer” substitute “court”.