SCHEDULES
SCHEDULE 4 Forfeiture Orders
Part I England and Wales
Proceedings for an offence: timing
11
1
For the purposes of this Part of this Schedule proceedings for an offence are instituted—
a
when a justice of the peace issues a summons or warrant under section 1 of the M1Magistrates’ Courts Act 1980 in respect of the offence;
b
when a person is charged with the offence after being taken into custody without a warrant;
c
when a bill of indictment charging a person with the offence is preferred by virtue of section 2(2)(b) of the M2Administration of Justice (Miscellaneous Provisions) Act 1933.
2
Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.
3
For the purposes of this Part of this Schedule proceedings are concluded—
a
when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or
b
when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).