Captured statutory text (L5)
2
(5)If provision is included in an order of the High Court by virtue of sub-paragraph (4) of this paragraph, paragraph 10G(4) and (5) apply with the necessary modifications.
(6)The relevant court may, as well as making an order under sub-paragraph (3), make an order—
(a)providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner's interest to be extinguished, or
(b)providing for the excepted joint owner's interest to be severed.
(7)Where (under sub-paragraph (1)(b)) the magistrates' court or sheriff decides not to transfer an application made under paragraph 10G to the relevant court, the magistrates' court or sheriff may, as well as making an order under paragraph 10G(2), make an order—
(a)providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner's interest to be extinguished, or
(b)providing for the excepted joint owner's interest to be severed.
(8)An order under sub-paragraph (6) or (7) may be made only if the relevant court, the magistrates' court or the sheriff (as the case may be) thinks it just and equitable to do so.
(9)An order under sub-paragraph (6) or (7) must provide for the payment of an amount to the person who holds the associated property or who is an excepted joint owner.
(10)In making an order under sub-paragraph (6) or (7), and including provision in it by virtue of sub-paragraph (9), the relevant court, the magistrates' court or the sheriff (as the case may be) must have regard to—
(a)the rights of any person who holds the associated property or who is an excepted joint owner and the value to that person of that property or (as the case may) of that person's share (including any value that cannot be assessed in terms of money), and
(b)the interest of the person who applied for the order under paragraph 10G in realising the value of the forfeitable property.
(11)If the relevant court, the magistrates' court or the sheriff (as the case may be) is satisfied that—
(a)the person who holds the associated property or who is an excepted joint owner has suffered loss as a result of the seizure of the forfeitable property and any associated property under paragraph 10B and its subsequent detention, and
(b)the circumstances are exceptional,
an order under sub-paragraph (6) or (7) may require the payment of compensation to that person.
(12)The amount of compensation to be paid by virtue of sub-paragraph (11) is the amount the relevant court, the magistrates' court or the sheriff (as the case may be) thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
(13)Compensation to be paid by virtue of sub-paragraph (11) is to be paid in the same way that compensation is to be paid under paragraph 10P.
Paragraphs 10G to 10J: appeals(10K)
(1)Any party to proceedings for an order for the forfeiture of property under paragraph 10G may appeal against—
(a)the making of an order under paragraph 10G;
(b)the making of an order under paragraph 10J(7);
(c)a decision not to make an order under paragraph 10G unless the reason that no order was made is that an order was instead made under paragraph 10I;
(d)a decision not to make an order under paragraph 10J(7).
Paragraphs (c) and (d) do not apply if the application for the order under paragraph 10G was transferred in accordance with paragraph 10J(1)(a) or (b).
(2)Where an order under paragraph 10I is made by a magistrates' court, any party to the proceedings for the order (including any party to the proceedings under paragraph 10G that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under sub-paragraph (6) of paragraph 10I.
(3)An appeal under this paragraph lies—
(a)in relation to England and Wales, to the Crown Court;
(b)in relation to Scotland, to the Sheriff Appeal Court;
(c)in relation to Northern Ireland, to a county court.
(4)An appeal under this paragraph must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision.
(5)Sub-paragraph (4) is subject to paragraph 10L.
(6)The court hearing the appeal may make any order it thinks appropriate.
(7)If the court upholds an appeal against an order forfeiting property, it may order the release of the whole or any part of the property.
Extended time for appealing in certain cases where deproscription order made(10L)
(1)This paragraph applies where—
(a)a successful application for an order under paragraph 10G relies (wholly or partly) on the fact that an organisation is proscribed,
(b)an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State,
(c)the property forfeited by the order under paragraph 10G was seized under this Part of this Schedule on or after the date of the refusal of that application,
(d)an appeal against that refusal is allowed under section 5 of the Terrorism Act 2000,
(e)a deproscription order is made accordingly, and
(f)if the order is made in reliance on section 123(5) of the Terrorism Act 2000, a resolution is passed by each House of Parliament under section 123(5)(b) of that Act.
(2)Where this paragraph applies, an appeal under paragraph 10K against the making of an order under paragraph 10G, and against the making (in addition) of any order under paragraph 10J(7), may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force.
(3)In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000.
Realisation of forfeited property(10M)
(1)If property is forfeited under paragraph 10G or 10J, an authorised officer must realise the property or make arrangements for its realisation.
(2)But the property is not to be realised—
(a)before the end of the period within which an appeal may be made (whether under paragraph 10K or otherwise), or
(b)if an appeal is made within that period, before the appeal is determined or otherwise disposed of.
(3)The realisation of property under sub-paragraph (1) must be carried out, so far as practicable, in the manner best calculated to maximise the amount obtained for the property.
Proceeds of realisation(10N)
(1)The proceeds of property realised under paragraph 10M must be applied as follows—
(a)first, they must be applied in making any payment required to be made by virtue of paragraph 10J(9);
(b)second, they must be applied in making any payment of legal expenses which, after giving effect to paragraph 10G(4) (including as applied by paragraph 10J(5)), are payable under this sub-paragraph in pursuance of provision under paragraph 10G(3) or, as the case may be, 10J(4);
(c)third, they must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the property whilst detained under this Part of this Schedule and in realising the property;
(d)fourth, they must be paid—
(i)if the property was forfeited by a magistrates' court or the High Court, into the Consolidated Fund;
(ii)if the property was forfeited by the sheriff or the Court of Session, into the Scottish Consolidated Fund.
(2)If what is realised under paragraph 10M represents part only of an item of property seized under paragraph 10B and detained under this Part of this Schedule, the reference in sub-paragraph (1)(c) to costs incurred in storing or insuring the property is to be read as a reference to costs incurred in storing or insuring the whole of the item of property.
Victims(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.
(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.
Compensation(10P)
(1)If no order under paragraph 10G, 10I or 10J is made in respect of any property detained under this Part of this Schedule, the person to whom the property belongs or from whom it was seized may make an application for compensation.
(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)If the court or sheriff is satisfied that the applicant has suffered loss as a result of the detention of the property and that the circumstances are exceptional, the court or sheriff may order compensation to be paid to the applicant.
(4)The amount of compensation to be paid is the amount the court or sheriff thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
(5)If the property was seized by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for Her Majesty's Revenue and Customs.
(6)If the property was seized by a constable, the compensation is to be paid as follows—
(a)in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met;
(b)in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority;
(c)in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.
(7)If the property was seized by a counter-terrorism financial investigator, the compensation is to be paid as follows—
(a)in the case of a counter-terrorism financial investigator who was—
(i)a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or
(ii)a member of staff of the City of London police force,
it is to be paid out of the police fund from which the expenses of the police force are met;
(b)in the case of a counter-terrorism financial investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.
(8)If the property was seized by an immigration officer, the compensation is to be paid by the Secretary of State.
(9)If an order under paragraph 10G, 10I or 10J is made in respect only of a part of any property detained under this Part, this paragraph has effect in relation to the other part.
(10)This paragraph does not apply if the court or sheriff makes an order under paragraph 10O.
Full captured verbatim text
(5) If provision is included in an order of the High Court by virtue of sub-paragraph (4) of this paragraph, paragraph 10G(4) and (5) apply with the necessary modifications. (6) The relevant court may, as well as making an order under sub-paragraph (3), make an order— (a) providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner's interest to be extinguished, or (b) providing for the excepted joint owner's interest to be severed. (7) Where (under sub-paragraph (1)(b)) the magistrates' court or sheriff decides not to transfer an application made under paragraph 10G to the relevant court, the magistrates' court or sheriff may, as well as making an order under paragraph 10G(2), make an order— (a) providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner's interest to be extinguished, or (b) providing for the excepted joint owner's interest to be severed. (8) An order under sub-paragraph (6) or (7) may be made only if the relevant court, the magistrates' court or the sheriff (as the case may be) thinks it just and equitable to do so. (9) An order under sub-paragraph (6) or (7) must provide for the payment of an amount to the person who holds the associated property or who is an excepted joint owner. (10) In making an order under sub-paragraph (6) or (7), and including provision in it by virtue of sub-paragraph (9), the relevant court, the magistrates' court or the sheriff (as the case may be) must have regard to— (a) the rights of any person who holds the associated property or who is an excepted joint owner and the value to that person of that property or (as the case may) of that person's share (including any value that cannot be assessed in terms of money), and (b) the interest of the person who applied for the order under paragraph 10G in realising the value of the forfeitable property. (11) If the relevant court, the magistrates' court or the sheriff (as the case may be) is satisfied that— (a) the person who holds the associated property or who is an excepted joint owner has suffered loss as a result of the seizure of the forfeitable property and any associated property under paragraph 10B and its subsequent detention, and (b) the circumstances are exceptional, an order under sub-paragraph (6) or (7) may require the payment of compensation to that person. (12) The amount of compensation to be paid by virtue of sub-paragraph (11) is the amount the relevant court, the magistrates' court or the sheriff (as the case may be) thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (13) Compensation to be paid by virtue of sub-paragraph (11) is to be paid in the same way that compensation is to be paid under paragraph 10P. Paragraphs 10G to 10J: appeals(10K) (1) Any party to proceedings for an order for the forfeiture of property under paragraph 10G may appeal against— (a) the making of an order under paragraph 10G; (b) the making of an order under paragraph 10J(7); (c) a decision not to make an order under paragraph 10G unless the reason that no order was made is that an order was instead made under paragraph 10I; (d) a decision not to make an order under paragraph 10J(7). Paragraphs (c) and (d) do not apply if the application for the order under paragraph 10G was transferred in accordance with paragraph 10J(1)(a) or (b). (2) Where an order under paragraph 10I is made by a magistrates' court, any party to the proceedings for the order (including any party to the proceedings under paragraph 10G that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under sub-paragraph (6) of paragraph 10I. (3) An appeal under this paragraph lies— (a) in relation to England and Wales, to the Crown Court; (b) in relation to Scotland, to the Sheriff Appeal Court; (c) in relation to Northern Ireland, to a county court. (4) An appeal under this paragraph must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision. (5) Sub-paragraph (4) is subject to paragraph 10L. (6) The court hearing the appeal may make any order it thinks appropriate. (7) If the court upholds an appeal against an order forfeiting property, it may order the release of the whole or any part of the property. Extended time for appealing in certain cases where deproscription order made(10L) (1) This paragraph applies where— (a) a successful application for an order under paragraph 10G relies (wholly or partly) on the fact that an organisation is proscribed, (b) an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State, (c) the property forfeited by the order under paragraph 10G was seized under this Part of this Schedule on or after the date of the refusal of that application, (d) an appeal against that refusal is allowed under section 5 of the Terrorism Act 2000, (e) a deproscription order is made accordingly, and (f) if the order is made in reliance on section 123(5) of the Terrorism Act 2000, a resolution is passed by each House of Parliament under section 123(5)(b) of that Act. (2) Where this paragraph applies, an appeal under paragraph 10K against the making of an order under paragraph 10G, and against the making (in addition) of any order under paragraph 10J(7), may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force. (3) In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000. Realisation of forfeited property(10M) (1) If property is forfeited under paragraph 10G or 10J, an authorised officer must realise the property or make arrangements for its realisation. (2) But the property is not to be realised— (a) before the end of the period within which an appeal may be made (whether under paragraph 10K or otherwise), or (b) if an appeal is made within that period, before the appeal is determined or otherwise disposed of. (3) The realisation of property under sub-paragraph (1) must be carried out, so far as practicable, in the manner best calculated to maximise the amount obtained for the property. Proceeds of realisation(10N) (1) The proceeds of property realised under paragraph 10M must be applied as follows— (a) first, they must be applied in making any payment required to be made by virtue of paragraph 10J(9); (b) second, they must be applied in making any payment of legal expenses which, after giving effect to paragraph 10G(4) (including as applied by paragraph 10J(5)), are payable under this sub-paragraph in pursuance of provision under paragraph 10G(3) or, as the case may be, 10J(4); (c) third, they must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the property whilst detained under this Part of this Schedule and in realising the property; (d) fourth, they must be paid— (i) if the property was forfeited by a magistrates' court or the High Court, into the Consolidated Fund; (ii) if the property was forfeited by the sheriff or the Court of Session, into the Scottish Consolidated Fund. (2) If what is realised under paragraph 10M represents part only of an item of property seized under paragraph 10B and detained under this Part of this Schedule, the reference in sub-paragraph (1)(c) to costs incurred in storing or insuring the property is to be read as a reference to costs incurred in storing or insuring the whole of the item of property. Victims(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. (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. Compensation(10P) (1) If no order under paragraph 10G, 10I or 10J is made in respect of any property detained under this Part of this Schedule, the person to whom the property belongs or from whom it was seized may make an application for compensation. (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) If the court or sheriff is satisfied that the applicant has suffered loss as a result of the detention of the property and that the circumstances are exceptional, the court or sheriff may order compensation to be paid to the applicant. (4) The amount of compensation to be paid is the amount the court or sheriff thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (5) If the property was seized by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for Her Majesty's Revenue and Customs. (6) If the property was seized by a constable, the compensation is to be paid as follows— (a) in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met; (b) in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority; (c) in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland. (7) If the property was seized by a counter-terrorism financial investigator, the compensation is to be paid as follows— (a) in the case of a counter-terrorism financial investigator who was— (i) a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or (ii) a member of staff of the City of London police force, it is to be paid out of the police fund from which the expenses of the police force are met; (b) in the case of a counter-terrorism financial investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland. (8) If the property was seized by an immigration officer, the compensation is to be paid by the Secretary of State. (9) If an order under paragraph 10G, 10I or 10J is made in respect only of a part of any property detained under this Part, this paragraph has effect in relation to the other part. (10) This paragraph does not apply if the court or sheriff makes an order under paragraph 10O.