Captured statutory text (L5)
16 Forfeiture of money held in bank and building society accounts
(8)Where, other than by the making of an order under subsection (4), an application under subsection (2) is determined or otherwise disposed of, the account freezing order ceases to have effect immediately after that determination or other disposal.
Continuation of account freezing order pending appeal(303Z15)
(1)This section applies where, on an application under subsection (2) of section 303Z14 in relation to an account to which an account freezing order applies, the court or sheriff decides—
(a)to make an order under subsection (4) of that section in relation to part only of the money to which the application related, or
(b)not to make an order under subsection (4) of that section.
(2)The person who made the application under section 303Z14(2) may apply without notice to the court or sheriff that made the decision referred to in subsection (1)(a) or (b) for an order that the account freezing order is to continue to have effect.
(3)Where the court or sheriff makes an order under subsection (2) the account freezing order is to continue to have effect until—
(a)the end of the period of 48 hours starting with the making of the order under subsection (2), or
(b)if within that period of 48 hours an appeal is brought under section 303Z16 against the decision referred to in subsection (1)(a) or (b), the time when the appeal is determined or otherwise disposed of.
(4)Subsection (9) of section 303Z11 applies for the purposes of subsection (3) as it applies for the purposes of that section.
Appeal against decision under section 303Z14(303Z16)
(1)Any party to proceedings for an order for the forfeiture of money under section 303Z14 who is aggrieved by an order under that section 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 subsection (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)The court hearing the appeal may make any order it thinks appropriate.
(4)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.
(5)Where money is released by virtue of subsection (4), there must be added to the money on its release any interest accrued on it whilst in the account referred to in section 303Z14(7)(a).
Application of money forfeited under account forfeiture order(303Z17)
(1)Money forfeited by an order under section 303Z14, and any interest accrued on it whilst in the account referred to in subsection (7)(a) of that section—
(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 section 303Z16 may be made, or
(b)if a person appeals under that section, before the appeal is determined or otherwise disposed of.
SupplementaryCompensation(303Z18)
(1)This section 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 section 303Z14.
(2)Where this section 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 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 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.
(7)If the account freezing order was applied for by an SFO officer, the compensation is to be paid by the Director of the Serious Fraud Office.
(8)If the account freezing order was applied for by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency.
(9)If the account freezing order was applied for by an accredited financial investigator who was not an officer of Revenue and Customs, a constable, an SFO officer or a National Crime Agency officer, 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,
(c)in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department,
(d)in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department,
(e)in the case of an investigator who was exercising a function of the Welsh Revenue Authority, it is to be paid by the Welsh Revenue Authority, and
(f)in any other case, it is to be paid by the employer of the investigator.
(10)The Secretary of State may by regulations amend subsection (9).
(11)The power in subsection (10) is exercisable by the Department of Justice (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998.)
Powers for prosecutors to appear in proceedings(303Z19)
(1)The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable or an accredited financial investigator in proceedings under this Chapter if the Director—
(a)is asked by, or on behalf of, a constable or (as the case may be) an accredited financial investigator to do so, and
(b)considers it appropriate to do so.
(2)The Director of Public Prosecutions may appear for the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director—
(a)is asked by, or on behalf of, the Commissioners for Her Majesty's Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and
(b)considers it appropriate to do so.
(3)The Directors may charge fees for the provision of services under this section.
(4)The references in subsection (1) to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection (2) to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs.
Full captured verbatim text
(8) Where, other than by the making of an order under subsection (4), an application under subsection (2) is determined or otherwise disposed of, the account freezing order ceases to have effect immediately after that determination or other disposal. Continuation of account freezing order pending appeal(303Z15) (1) This section applies where, on an application under subsection (2) of section 303Z14 in relation to an account to which an account freezing order applies, the court or sheriff decides— (a) to make an order under subsection (4) of that section in relation to part only of the money to which the application related, or (b) not to make an order under subsection (4) of that section. (2) The person who made the application under section 303Z14(2) may apply without notice to the court or sheriff that made the decision referred to in subsection (1)(a) or (b) for an order that the account freezing order is to continue to have effect. (3) Where the court or sheriff makes an order under subsection (2) the account freezing order is to continue to have effect until— (a) the end of the period of 48 hours starting with the making of the order under subsection (2), or (b) if within that period of 48 hours an appeal is brought under section 303Z16 against the decision referred to in subsection (1)(a) or (b), the time when the appeal is determined or otherwise disposed of. (4) Subsection (9) of section 303Z11 applies for the purposes of subsection (3) as it applies for the purposes of that section. Appeal against decision under section 303Z14(303Z16) (1) Any party to proceedings for an order for the forfeiture of money under section 303Z14 who is aggrieved by an order under that section 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 subsection (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) The court hearing the appeal may make any order it thinks appropriate. (4) 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. (5) Where money is released by virtue of subsection (4), there must be added to the money on its release any interest accrued on it whilst in the account referred to in section 303Z14(7)(a). Application of money forfeited under account forfeiture order(303Z17) (1) Money forfeited by an order under section 303Z14, and any interest accrued on it whilst in the account referred to in subsection (7)(a) of that section— (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 section 303Z16 may be made, or (b) if a person appeals under that section, before the appeal is determined or otherwise disposed of. SupplementaryCompensation(303Z18) (1) This section 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 section 303Z14. (2) Where this section 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 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 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. (7) If the account freezing order was applied for by an SFO officer, the compensation is to be paid by the Director of the Serious Fraud Office. (8) If the account freezing order was applied for by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency. (9) If the account freezing order was applied for by an accredited financial investigator who was not an officer of Revenue and Customs, a constable, an SFO officer or a National Crime Agency officer, 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, (c) in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department, (d) in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department, (e) in the case of an investigator who was exercising a function of the Welsh Revenue Authority, it is to be paid by the Welsh Revenue Authority, and (f) in any other case, it is to be paid by the employer of the investigator. (10) The Secretary of State may by regulations amend subsection (9). (11) The power in subsection (10) is exercisable by the Department of Justice (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998.) Powers for prosecutors to appear in proceedings(303Z19) (1) The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable or an accredited financial investigator in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, a constable or (as the case may be) an accredited financial investigator to do so, and (b) considers it appropriate to do so. (2) The Director of Public Prosecutions may appear for the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, the Commissioners for Her Majesty's Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and (b) considers it appropriate to do so. (3) The Directors may charge fees for the provision of services under this section. (4) The references in subsection (1) to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection (2) to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs.