Part 5

Civil recovery of the proceeds etc. of unlawful conduct
CHAPTER 3A

Recovery of listed assets in summary proceedings

Supplementary

Victims and other owners
303V
1
A person who claims that any property detained under this Chapter, or any part of it, belongs to him or her may apply for the property or part to be released.
2
An application under subsection (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 section 303L or 303O 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 unlawful conduct,
b
the property the applicant was deprived of was not, immediately before the applicant was deprived of it, recoverable property, and
c
the property belongs to the applicant.
5
If subsection (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 subsection 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 that property belongs to the applicant,
c
the court or sheriff is satisfied that the release condition is met in relation to that property, and
d
no objection to the making of an order under subsection (5) has been made by the person from whom that property was seized.
7
The release condition is met—
a
in relation to property detained under section 303K or 303L, if the conditions in section 303K or (as the case may be) 303L for the detention of the property are no longer met, and
b
in relation to property detained under section 303O, if the court or sheriff decides not to make an order under that section in relation to the property.
Pt. 5 Ch. 3A applied (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by 2007 c. 30, s. 24(1) (as substituted by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i))
Pt. 5 Ch. 3A inserted (27.4.2017 for specified purposes, 31.10.2017 for the insertion of ss. 303G, 303H for E.W.S. so far as not already in force, 30.1.2018 for the insertion of s. 303E(4) for E.W.S. so far as not already in force, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 15, 58(1)(6); S.I. 2017/991, reg. 2(d); S.I. 2018/78, regs. 2(a), 4(b); S.I. 2021/724, reg. 2(1)(f)