Part 3 Forfeiture
330.The effect of paragraph 6 is to enable the magistrates’ court or sheriff to order the forfeiture of cash or any part of it if satisfied that the cash or part is terrorist cash.
331.Where the cash belongs to joint tenants, one of whom did not obtain it through terrorism, the order may not apply to so much of the cash as the court thinks attributable to the “innocent” partner’s share. An example of this might be the joint bank account into which terrorist proceeds has been paid by one signatory and clean money by the other. If the former withdraws all the cash and it is subsequently seized, the “innocent” partner’s share of the money will not be forfeited.
332.Under paragraph 7, appeals must be lodged within 30 days. A successful appeal would result in the cash being paid back, together with any accrued interest. Sub-paragraph (6) provides for the situation where an organisation is deproscribed following a successful appeal to the Proscribed Organisations Appeal Commission (POAC), and a forfeiture order has been made in reliance (in whole or in part) on the fact that the organisation is proscribed. In such cases, the person whose cash has been forfeited may appeal at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force, but only where the cash was seized on or after the date of the initial refusal to deproscribe against which the appeal to POAC was brought.