Captured statutory text (L5)
2
(1)Any party to proceedings for an order for the forfeiture of money under paragraph 10Z2 who is aggrieved by an order under that paragraph or by the decision of the court not to make such an order may appeal—
(a)from an order or decision of a magistrates' court in England and Wales, to the Crown Court;
(b)from an order or decision of the sheriff, to the Sheriff Appeal Court;
(c)from an order or decision of a magistrates' court in Northern Ireland, to a county court.
(2)An appeal under sub-paragraph (1) 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.
(3)Sub-paragraph (2) is subject to paragraph 10Z5.
(4)The court hearing the appeal may make any order it thinks appropriate.
(5)If the court upholds an appeal against an order forfeiting the money, it may order the release of the whole or any part of the money.
(6)Where money is released by virtue of sub-paragraph (5), there must be added to the money on its release any interest accrued on it whilst in the account referred to in paragraph 10Z2(7)(a).
Extended time for appealing in certain cases where deproscription order made(10Z5)
(1)This paragraph applies where—
(a)a successful application for an order under paragraph 10Z2 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 money forfeited by the order under paragraph 10Z2 was made subject to an account freezing order 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 10Z4 against the making of an order under paragraph 10Z2 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.
Application of money forfeited under account forfeiture order(10Z6)
(1)Money forfeited by an order under paragraph 10Z2, and any interest accrued on it whilst in the account referred to in sub-paragraph (7)(a) of that paragraph—
(a)if forfeited by a magistrates' court, is to be paid into the Consolidated Fund, and
(b)if forfeited by the sheriff, is to be paid into the Scottish Consolidated Fund.
(2)But it is not to be paid in—
(a)before the end of the period within which an appeal under paragraph 10Z4 may be made, or
(b)if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of.
Compensation(10Z7)
(1)This paragraph applies if—
(a)an account freezing order is made, and
(b)none of the money held in the account to which the order applies is forfeited in pursuance of an account forfeiture notice or by an order under paragraph 10Z2.
(2)Where this paragraph applies a person by or for whom the account to which the account freezing order applies is operated may make an application to the relevant court for compensation.
(3)If the relevant court is satisfied that the applicant has suffered loss as a result of the making of the account freezing order and that the circumstances are exceptional, the relevant court may order compensation to be paid to the applicant.
(4)The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
(5)If the account freezing order was applied for 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.
(6)If the account freezing order was applied for by a counter-terrorism financial investigator, the compensation is to be paid as follows—
(a)in the case of an 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 an 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.
Full captured verbatim text
(1) Any party to proceedings for an order for the forfeiture of money under paragraph 10Z2 who is aggrieved by an order under that paragraph or by the decision of the court not to make such an order may appeal— (a) from an order or decision of a magistrates' court in England and Wales, to the Crown Court; (b) from an order or decision of the sheriff, to the Sheriff Appeal Court; (c) from an order or decision of a magistrates' court in Northern Ireland, to a county court. (2) An appeal under sub-paragraph (1) 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. (3) Sub-paragraph (2) is subject to paragraph 10Z5. (4) The court hearing the appeal may make any order it thinks appropriate. (5) If the court upholds an appeal against an order forfeiting the money, it may order the release of the whole or any part of the money. (6) Where money is released by virtue of sub-paragraph (5), there must be added to the money on its release any interest accrued on it whilst in the account referred to in paragraph 10Z2(7)(a). Extended time for appealing in certain cases where deproscription order made(10Z5) (1) This paragraph applies where— (a) a successful application for an order under paragraph 10Z2 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 money forfeited by the order under paragraph 10Z2 was made subject to an account freezing order 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 10Z4 against the making of an order under paragraph 10Z2 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. Application of money forfeited under account forfeiture order(10Z6) (1) Money forfeited by an order under paragraph 10Z2, and any interest accrued on it whilst in the account referred to in sub-paragraph (7)(a) of that paragraph— (a) if forfeited by a magistrates' court, is to be paid into the Consolidated Fund, and (b) if forfeited by the sheriff, is to be paid into the Scottish Consolidated Fund. (2) But it is not to be paid in— (a) before the end of the period within which an appeal under paragraph 10Z4 may be made, or (b) if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of. Compensation(10Z7) (1) This paragraph applies if— (a) an account freezing order is made, and (b) none of the money held in the account to which the order applies is forfeited in pursuance of an account forfeiture notice or by an order under paragraph 10Z2. (2) Where this paragraph applies a person by or for whom the account to which the account freezing order applies is operated may make an application to the relevant court for compensation. (3) If the relevant court is satisfied that the applicant has suffered loss as a result of the making of the account freezing order and that the circumstances are exceptional, the relevant court may order compensation to be paid to the applicant. (4) The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (5) If the account freezing order was applied for 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. (6) If the account freezing order was applied for by a counter-terrorism financial investigator, the compensation is to be paid as follows— (a) in the case of an 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 an 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.