[F110D(1)The period for which property seized under paragraph 10B, or any part of that property, may be detained may be extended by an order made—U.K.
(a)in England and Wales or Northern Ireland, by a magistrates' court;
(b)in Scotland, by the sheriff.
(2)An order under sub-paragraph (1) may not authorise the detention of any property—
(a)beyond the end of the period of 6 months beginning with the date of the order, and
(b)in the case of any further order under this paragraph, beyond the end of the period of 2 years beginning with the date of the first order.
(3)A justice of the peace may also exercise the power of a magistrates' court to make the first order under sub-paragraph (1) extending a particular period of detention.
(4)An application to a magistrates' court, a justice of the peace or the sheriff to make the first order under sub-paragraph (1) extending a particular period of detention—
(a)may be made and heard without notice of the application or hearing having been given to any of the persons affected by the application or to the legal representatives of such a person, and
(b)may be heard and determined in private in the absence of persons so affected and of their legal representatives.
(5)An application for an order under sub-paragraph (1) may be made—
(a)in relation to England and Wales and Northern Ireland, by the Commissioners for Her Majesty's Revenue and Customs or an authorised officer;
(b)in relation to Scotland, by a procurator fiscal.
(6)The court, sheriff or justice may make the order if satisfied, in relation to the item of property to be further detained, that—
(a)it is a listed asset, and
(b)condition 1, condition 2 or condition 3 is met.
(7)Condition 1 is that there are reasonable grounds for suspecting that the property is intended to be used for the purposes of terrorism and that either—
(a)its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or
(b)proceedings against any person for an offence with which the property is connected have been started and have not been concluded.
(8)Condition 2 is that there are reasonable grounds for suspecting that the property consists of resources of an organisation which is a proscribed organisation and that either—
(a)its continued detention is justified while investigation is made into whether or not it consists of such resources or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or
(b)proceedings against any person for an offence with which the property is connected have been started and have not been concluded.
(9)Condition 3 is that there are reasonable grounds for suspecting that the property is property earmarked as terrorist property and that either—
(a)its continued detention is justified while its derivation is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or
(b)proceedings against any person for an offence with which the property is connected have been started and have not been concluded.
(10)Where an application for an order under sub-paragraph (1) relates to an item of property seized under paragraph 10B(2), the court, sheriff or justice may make the order if satisfied that—
(a)the item of property is a listed asset,
(b)condition 1, 2 or 3 is met in respect of part of the item, and
(c)it is not reasonably practicable to detain only that part.
(11)An order under sub-paragraph (1) must provide for notice to be given to persons affected by it.]
Textual Amendments
F1Sch. 1 Pt. 4A inserted (27.4.2017 for specified purposes, 30.1.2018 for the insertion of Sch. 1 para. 10G(9), 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 3 para. 2; S.I. 2018/78, regs. 2(h), 3(cc)