The Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Chapter 3A of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (“POCA”). Chapter 3A of Part 5 of POCA was inserted by section 15 of the Criminal Finances Act 2017 (c.22), and makes provision for the forfeiture of certain listed items of personal or moveable property, where the listed property derives from, or is intended for use in, unlawful conduct. The property to which the forfeiture powers apply is listed in section 303B of POCA. These Rules provide the relevant procedure for:

• Prior approval for searches (see sections 303E of POCA);

• Applications for further detention of seized property (see section 303L of POCA);

• Applications for release of detained property (see sections 303N and 303V of POCA);

• Applications for forfeiture of detained property (see sections 303O and 303R of POCA);

• Agreements about associated and joint property (see sections 303P and 303Q of POCA);

• Applications for compensation (see section 303W of POCA).

In addition, the Rules make provision for the manner in which documents are to be given in proceedings under Chapter 3A of Part 5 of POCA, for the transfer of hearings and for procedure at hearings.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.