Statutory Rules of Northern Ireland

2002 No. 12

MAGISTRATES' COURTS

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

Made

19th January 2002

Coming into operation

11th February 2002

The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981(1), on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules:—

Citation and commencement N.I.

1.  These Rules may be cited as the Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002 and shall come into operation on 11th February 2002.

Commencement Information

I1 Rule 1 in operation at 11.2.2002, see rule 1

Revocation N.I.

2.  The Magistrates' Courts (Terrorism Act 2000) Rules (Northern Ireland) 2001(2) are hereby revoked.

Commencement Information

I2 Rule 2 in operation at 11.2.2002, see rule 1

Interpretation N.I.

3.  In these Rules—

(a) “the Act” means the Anti-terrorism, Crime and Security Act 2001(3) and a reference to a Schedule by number alone is a reference to the Schedule so numbered in the Act and expressions used have the same meaning as in Schedule 1; and

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Rule 3(b) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(1); S.R. 2016/387, art. 2(a) (with art. 3)

Commencement Information

I3 Rule 3 in operation at 11.2.2002, see rule 1

Application for continued detention of seized cash N.I.

4.—(1) A first application under paragraph 3(5) of Schedule 1 for an order under paragraph 3(2) of Schedule 1 for continued detention of cash seized under paragraph 2 of Schedule 1 shall be made to a magistrates' court in writing in Form 1.

(2) The applicant shall give—

(a) a copy of the application under paragraph (1); and

(b) notification of the hearing of the application;

to the person from whom the cash was seized.

Commencement Information

I4 Rule 4 in operation at 11.2.2002, see rule 1

Unattended parcels and other containers N.I.

5.  In rules 4, 7 and 8, references to the person from whom the cash was seized include references to the sender and the intended recipient, where this is known, of a letter, parcel, container or other means of unattended dispatch, but a magistrates' court 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 application and notification of hearing under rule 4(2).

Commencement Information

I5 Rule 5 in operation at 11.2.2002, see rule 1

Order and notice of order for continued detention of seized cash N.I.

6.—(1) An order made under paragraph 3(2) of Schedule 1 shall be in Form 2.

(2) Notice of any order made under paragraph 3(2) of Schedule 1 shall be given forthwith by the court to the person from whom the cash was seized and to any other person who is affected by, and specified in, the said order. Notice shall be in Form 3 and shall be accompanied by a copy of the order.

Commencement Information

I6 Rule 6 in operation at 11.2.2002, see rule 1

Further applications for continued detention of seized cash N.I.

7.—(1) An application under paragraph 3(5) of Schedule 1 for a further order under paragraph 3(2) of Schedule 1 for the continued detention of cash shall be made in writing in Form 4 and shall be lodged with the clerk of petty sessions and shall be accompanied by a copy of the relevant order for continued detention.

(2) A copy of the application under paragraph (1) shall be given by the applicant to the person from whom cash was seized and to any other person affected by, and specified in, the order made in relation to the previous application under paragraph 3(5) of Schedule 1.

(3) The clerk of petty sessions who receives an application in accordance with paragraph (1) shall fix a date for the hearing of the application, shall notify the applicant and every person to whom notice of the order for continued detention has been given of the date fixed for the hearing which, unless the clerk of petty sessions directs otherwise in any particular case, shall not be within seven days of the date on which the application is received.

(4) A further order for continued detention of cash made under paragraph 3(2) of Schedule 1 shall be in Form 2 and shall be given by the clerk of petty sessions to every person to whom the notice of the order for continued detention has been given.

Commencement Information

I7 Rule 7 in operation at 11.2.2002, see rule 1

Applications for release of detained cash N.I.

8.—(1) An application under paragraph 5(2) or paragraph 9(1) of Schedule 1 for the release of detained cash shall be made in writing, shall state the grounds on which it is made, and shall be lodged with the clerk of petty sessions.

(2) The clerk of petty sessions who receives an application in accordance with paragraph (1) shall fix a date for the hearing of the application, shall notify the applicant and every person to whom notice of the order for continued detention has been given of the date fixed for the hearing which, unless the clerk of petty sessions directs otherwise in any particular case, shall not be within seven days of the date on which the application is received.

(3) The clerk of petty sessions shall in addition give a copy of the written application to every person, other than the applicant, to whom notice of the order for continued detention has been given.

(4) A direction under paragraph 5(2) of Schedule 1 for the release of detained cash shall be in Form 5, and shall provide for the release of the cash within seven days of the date 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 direction, except that the cash shall not be released while paragraph 5(4) of Schedule 1 applies.

(5) An order under paragraph 9(3) of Schedule 1 for the release of detained cash shall be in Form 6, and shall provide for the release of the cash within seven days of the date of the making of the order or such longer period as with the agreement of the applicant may be specified in the order.

Commencement Information

I8 Rule 8 in operation at 11.2.2002, see rule 1

Forfeiture N.I.

9.—(1) An application under paragraph 6(1) of Schedule 1 for the forfeiture of detained cash shall be made in writing in Form 7 and shall be lodged with the clerk of petty sessions.

(2) A copy of the application under paragraph (1) shall be given by the applicant to the person from whom cash was seized and to any other person affected by, and specified in, the order made in relation to the previous application under paragraph 3(5) of Schedule 1.

(3) The clerk of petty sessions who receives such an application shall fix a date for the hearing, shall notify the applicant and every person to whom notice of an order for continued detention has been given of the hearing date. Unless the clerk of petty sessions directs otherwise in any particular case, the date for hearing shall not be within seven days of the date on which the application is received.

Commencement Information

I9 Rule 9 in operation at 11.2.2002, see rule 1

Order for forfeiture of detained cash N.I.

10.  An order for the forfeiture of detained cash made by a magistrates' court under paragraph 6(2) of Schedule 1 shall be in Form 8 and a copy of the order shall be given to every person to whom notice of the order for continued detention was given.

Commencement Information

I10 Rule 10 in operation at 11.2.2002, see rule 1

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 F2 ..., 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 F3 ... 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

F2 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)

F3 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

I11 Rule 11 in operation at 11.2.2002, see rule 1

Application for compensation N.I.

12.—(1) An application under paragraph 10(1) of Schedule 1 for compensation shall be made in writing and shall be lodged with the clerk of petty sessions and shall specify the grounds on which it is made.

(2) The clerk of petty sessions shall send a copy of the application to—

(a) the Commissioners for Customs and Excise, if the cash which is the subject of the application was seized by a customs officer;

(b) the Chief Constable, if the cash which is the subject of the application was seized by a constable;

(c) the Secretary of State, if the cash which is the subject of the application was seized by an immigration officer.

(3) The clerk of petty sessions who receives an application in accordance with paragraph (1) shall fix a date for the hearing of the application and shall notify the applicant and the person referred to in paragraph (2) of the date fixed for the hearing which, unless the clerk of petty sessions directs otherwise in any particular case, shall not be within seven days of the date on which the application is received.

Commencement Information

I12 Rule 12 in operation at 11.2.2002, see rule 1

Joinder N.I.

13.  At any hearing of an application under paragraph 3(5), paragraph 5(2), paragraph 6(1) or paragraph 9(1) of Schedule 1, 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 a person be joined as a party to the proceedings and, if the court so orders, otherwise than at such a hearing, the clerk of petty sessions shall give notice to the other parties of the joinder.

Commencement Information

I13 Rule 13 in operation at 11.2.2002, see rule 1

Notice N.I.

14.—(1) Any notice, notification, copy of any order or any other document required to be given to any person under the provisions of rule 6(2), 7(3) and (4), 8(2) and (3), 9(3), 11(5)-(7), 12 or 13 may be given by ordinary first class post to his last known address.

(2) A notice under rule 11(1) shall be served in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954(4).

Commencement Information

I14 Rule 14 in operation at 11.2.2002, see rule 1

Procedure at hearings N.I.

15.—(1) At the hearing of an application under Schedule 1 to the Act any person to whom notice of the application has been given, or should have been given, may attend and be heard on the question whether the application should be granted, but the fact that any such person does not attend shall not prevent the court from hearing the application.

(2) At the hearing of an application under Schedule 1 to the Act, the court shall require the matters contained in the application to be sworn by the applicant under oath, may require the applicant to answer any questions under oath and may require any response from the respondent to the application to be made under oath.

(3) The court 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.

Commencement Information

I15 Rule 15 in operation at 11.2.2002, see rule 1

16.  The Magistrates' Courts Rules (Northern Ireland) 1984(5) shall have have effect subject to the provisions of these Rules.

Commencement Information

I16 Rule 16 in operation at 11.2.2002, see rule 1

Irvine of Lairg, C.

Dated 19th January 2002.

Rule 4

SCHEDULE N.I.

Commencement Information

I17 Sch. in operation at 11.2.2002, see rule 1

F4 Form 1 N.I. Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 3(5) of Schedule 1, Rule 4)Application for Continued Detention of Seized Cash

Textual Amendments

F4 Sch. Form 1: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(a); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 6

F5 Form 2 N.I. The Anti-Terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 3(2) of Schedule 1, Rule 6)Order/Further Order for Continued Detention of Seized Cash

Textual Amendments

F5 Sch. Form 2: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(a); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 6

F6 Form 3 N.I. The Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 3(4) of Schedule 1, Rule 6)Notice to Persons Affected by Order for Continued Detention of Seized Cash

Textual Amendments

F6 Sch. Form 3: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(a); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 7

F7 F8 Form 4 N.I. Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 3(5) of Schedule 1, Rule 7)Further Application for Continued Detention of Seized Cash

Textual Amendments

F7 Sch. Form 4: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(b)(i); S.R. 2016/387, art. 2(a) (with art. 3)

F8 Sch. Form 4: at the end, the words “at…” are substituted for “for the petty sessions district of … being the district in which the seizure of cash was made” (31.10.2016) by The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(b)(ii); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 8

F9 Form 5 N.I. Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 5(2) of Schedule 1, Rule 8)Direction for Release of Detained Cash under paragraph 5(2) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001

Textual Amendments

F9 Sch. Form 5: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(c); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 8

F10 Form 6 N.I. Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 9(3) of Schedule 1, Rule 8)Order for Release of Detained Cash under paragraph 9(3) of Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001

Textual Amendments

F10 Sch. Form 6: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(c); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 9

F11 F12 Form 7 N.I. Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 6(1) of Schedule 1, Rule 9)Application for Forfeiture of Seized Cash

Textual Amendments

F11 Sch. Form 7: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(d)(i); S.R. 2016/387, art. 2(a) (with art. 3)

F12 Sch. Form 7: at the end, the words “at…” are substituted for “for the petty sessions district of ….” (31.10.2016) by The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(d)(ii); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 10

F13 Form 8 N.I. Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 6(2) of Schedule 1, Rule 10)Order for Forfeiture of Detained Cash

Textual Amendments

F13 Sch. Form 8: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(e); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 11

F14 F15 Form 9 N.I. Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 7(1) of Schedule 1, Rule 11)Notice of Appeal to the County Court

Textual Amendments

F14 Sch. Form 9: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(f)(i); S.R. 2016/387, art. 2(a) (with art. 3)

F15 Sch. Form 9: at the end, the words “at…” are substituted for “for the above-named Petty Sessions District” (31.10.2016) by The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(f)(ii); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 11

F16 Form 10 N.I. Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 7(11) of Schedule 1, Rule 11)Form of Appeal to County Court

Textual Amendments

F16 Sch. Form 10: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(g); S.R. 2016/387, art. 2(a) (with art. 3)

Rule 12

F17 F18 Form 11 N.I. Anti-terrorism, Crime and Security Act 2001Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002(paragraph 7(1) of Schedule 1, Rule 12)Notice by Clerk of Petty Sessions to Chief Clerk of abandonment of appeal to the County Court

Textual Amendments

F17 Sch. Form 11: in the title, the large bracket, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(h)(i); S.R. 2016/387, art. 2(a) (with art. 3)

F18 Sch. Form 11: at the end, the words “sitting at…” are substituted for “for the above-named petty sessions district sitting” (31.10.2016) by The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 29(3)(h)(ii); S.R. 2016/387, art. 2(a) (with art. 3)

Explanatory Note

(This note is not part of the Rules.)

These Rules revoke and replace the Magistrates' Courts (Terrorism Act 2000) Rules (Northern Ireland) 2001. They prescribe the procedure to be followed for applications to a magistrates' court for the detention, further detention, forfeiture or release of cash seized by a constable, customs officer, or immigration officer under Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 on reasonable suspicion of a connection to terrorism. They also prescribe the procedure to be followed for applications to a magistrates' court for compensation where no forfeiture order is made. These Rules prescribe the forms to be used in connection with the application and hearings.

(1)

S.I. 1981/1675 (N.I. 26)

(2)

S.R. 2001 No. 65

(3)

2001 c. 24

(4)

1954 c. 33 (N.I.)

(5)

S.R. 1984 No. 225