Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002

Appeal against order forfeiting cash N.I.

11.—(1) Where an appeal against a forfeiture order is made to a county court under paragraph 7(1) of Schedule 1 the appellant shall, within the period prescribed by paragraph 7 of Schedule 1, serve on every person to whom notice of the order for continued detention of the cash was given notice of his appeal in writing in Form 9 and shall within the said period serve a copy of such notice on the clerk of petty sessions.

(2) The notice of appeal to be served on the parties and the copy of the notice to be served on the clerk of petty sessions under paragraph (1) shall be prepared and signed by the appellant or by his solicitor or other duly authorised agent and shall contain his address or that of his solicitor or other duly authorised agent.

(3) The copy of the notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which the notice was served.

(4) As soon as practicable after the clerk of petty sessions has received the notice of appeal, the resident magistrate or justice of the peace from whose order the appeal is to be brought or the clerk of petty sessions shall in Form 10 (“the form of appeal”) set out the terms of the order appealed against and that form shall include a certificate signed by the clerk of petty sessions to the effect that notice of appeal has been given.

(5) As soon as practicable after complying with the above paragraphs, the clerk of petty sessions shall—

(a) send to the chief clerk F1 ..., the copy of the notice of appeal and the form of appeal duly completed; and

(b) send to the appellant and to the respondent a copy of the form of appeal.

(6) After the county court has decided an appeal under paragraph 7(1) of Schedule 1, the chief clerk F2 ... shall, within seven days of that decision, certify the decision at the foot of the form of appeal and shall transmit the form of appeal to the clerk of petty sessions, who shall enter the decision in his Order Book.

(7) Any notice of abandonment of an appeal under paragraph 7(1) of Schedule 1 shall be in Form 11.

Textual Amendments

F1 Words in rule 11(5)(a) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(2)(a); S.R. 2016/387, art. 2(a) (with art. 3)

F2 Words in rule 11(6) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(2)(b); S.R. 2016/387, art. 2(a) (with art. 3)

Commencement Information

I1 Rule 11 in operation at 11.2.2002, see rule 1