Textual Amendments
F1Word in Sch. 1 heading substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(2); S.I. 2018/78, reg. 5(1)(c)
Textual Amendments
F2Sch. 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)
10O(1)A person who claims that any property detained under this Part of this Schedule, or any part of it, belongs to him or her may apply for the property or part to be released.U.K.
(2)An application under sub-paragraph (1) is to be made—
(a)in England and Wales or Northern Ireland, to a magistrates' court;
(b)in Scotland, to the sheriff.
(3)The application may be made in the course of proceedings under paragraph 10D or 10G or at any other time.
(4)The court or sheriff may order the property to which the application relates to be released to the applicant if it appears to the court or sheriff that—
(a)the applicant was deprived of the property to which the application relates, or of property which it represents, by criminal conduct,
(b)the property the applicant was deprived of was not, immediately before the applicant was deprived of it, property obtained by or in return for criminal conduct and nor did it then represent such property, and
(c)the property belongs to the applicant.
(5)If sub-paragraph (6) applies, the court or sheriff may order the property to which the application relates to be released to the applicant or to the person from whom it was seized.
(6)This sub-paragraph applies where—
(a)the applicant is not the person from whom the property to which the application relates was seized,
(b)it appears to the court or sheriff that the property belongs to the applicant,
(c)the court or sheriff is satisfied that the release condition is met in relation to the property, and
(d)no objection to the making of an order under sub-paragraph (5) has been made by the person from whom the property was seized.
(7)The release condition is met—
(a)in relation to property detained under paragraph 10C or 10D, if the conditions in paragraph 10C or (as the case may be) 10D for the detention of the property are no longer met, and
(b)in relation to property detained under paragraph 10G, if the court or sheriff decides not to make an order under that paragraph in relation to the property.]