Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002 No. 12

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2002 No. 12
MAGISTRATES' COURTS
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002

	Made	19th January 2002
	Coming into operation	11th February 2002

The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[1], on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules: -

Citation and commencement
     1. These Rules may be cited as the Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002 and shall come into operation on 11th February 2002.

Revocation
     2. The Magistrates' Courts (Terrorism Act 2000) Rules (Northern Ireland) 2001[2] are hereby revoked.

Interpretation
     3. In these Rules -

(a) "the Act" means the Anti-terrorism, Crime and Security Act 2001[

Application for continued detention of seized cash
4. - (1) A first application under paragraph 3(5) of Schedule 1 for an order under paragraph 3(2) of Schedule 1 for continued detention of cash seized under paragraph 2 of Schedule 1 shall be made to a magistrates' court in writing in Form 1.

(2) The applicant shall give -

(a) a copy of the application under paragraph (1); and

(b) notification of the hearing of the application;

(a) send to the chief clerk for the county court division in which the appeal will be heard, the copy of the notice of appeal and the form of appeal duly completed; and

(b) send to the appellant and to the respondent a copy of the form of appeal.

    (6) After the county court has decided an appeal under paragraph 7(1) of Schedule 1, the chief clerk for the county court division for which that county court is held shall, within seven days of that decision, certify the decision at the foot of the form of appeal and shall transmit the form of appeal to the clerk of petty sessions, who shall enter the decision in his Order Book.

    (7) Any notice of abandonment of an appeal under paragraph 7(1) of Schedule 1 shall be in Form 11.

Application for compensation
     12. - (1) An application under paragraph 10(1) of Schedule 1 for compensation shall be made in writing and shall be lodged with the clerk of petty sessions and shall specify the grounds on which it is made.

    (2) The clerk of petty sessions shall send a copy of the application to -

(a) the Commissioners for Customs and Excise, if the cash which is the subject of the application was seized by a customs officer;

(b) the Chief Constable, if the cash which is the subject of the application was seized by a constable;

(c) the Secretary of State, if the cash which is the subject of the application was seized by an immigration officer.

    (3) The clerk of petty sessions who receives an application in accordance with paragraph (1) shall fix a date for the hearing of the application and shall notify the applicant and the person referred to in paragraph (2) of the date fixed for the hearing which, unless the clerk of petty sessions directs otherwise in any particular case, shall not be within seven days of the date on which the application is received.

Joinder
     13. At any hearing of an application under paragraph 3(5), paragraph 5(2), paragraph 6(1) or paragraph 9(1) of Schedule 1, or on the application of any person affected by an order for continued or further detention, the court may, if it thinks fit, order that such a person be joined as a party to the proceedings and, if the court so orders, otherwise than at such a hearing, the clerk of petty sessions shall give notice to the other parties of the joinder.

Notice
     14. - (1) Any notice, notification, copy of any order or any other document required to be given to any person under the provisions of rule 6(2), 7(3) and (4), 8(2) and (3), 9(3), 11(5)-(7), 12 or 13 may be given by ordinary first class post to his last known address.

    (2) A notice under rule 11(1) shall be served in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954[4].

Procedure at hearings
     15. - (1) At the hearing of an application under Schedule 1 to the Act any person to whom notice of the application has been given, or should have been given, may attend and be heard on the question whether the application should be granted, but the fact that any such person does not attend shall not prevent the court from hearing the application.

    (2) At the hearing of an application under Schedule 1 to the Act, the court shall require the matters contained in the application to be sworn by the applicant under oath, may require the applicant to answer any questions under oath and may require any response from the respondent to the application to be made under oath.

    (3) The court shall record or cause to be recorded in writing the substance of any statements made under oath which are not already recorded in the written application.

     16. The Magistrates' Courts Rules (Northern Ireland) 1984[5] shall have have effect subject to the provisions of these Rules.

Irvine of Lairg,
C.

Dated 19th January 2002.

SCHEDULERule 4

Form 1
Anti-terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 3(5) of Schedule 1, Rule 4)
Application for Continued Detention of Seized Cash

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

Person from whom cash was seized*

Address of that person*

Names and addresses of any other persons likely to be affected by an order for detention of the cash (if known)

Amount seized (estimated**)

Date of seizure

Time of seizure

Place of seizure

(Name of applicant)

(address and official position of applicant) will apply [at

(place) on

(date) at

(time)***], for an order under paragraph 3(2) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 authorising the continued detention of the above-mentioned cash and will state upon oath that one of the grounds below is satisfied:

**1. There are reasonable grounds for suspecting that the cash is intended to be used for the purposes of terrorism and that either -

**2. There are reasonable grounds for suspecting that the cash consists of resources of an organisation which is a proscribed organisation and that either -

**3. There are reasonable grounds for suspecting that cash is properly earmarked as terrorist property and that either -

Dated this day of 20 .

Applicant

* in the case of a letter, parcel, container or other means of unattended dispatch, insert names and addresses, if known, of sender and intended recipient.

** Delete as appropriate.

*** Details of the time, date and place at which the hearing of the application is to be heard should always be included, unless these details are not known to the applicant.

NOTE TO THE APPLICANT:

(1) You must give a copy of this application and notification of the hearing of it to the person from whom the cash was seized. The magistrates' court that considers this application will require the facts alleged in it to be sworn on oath and may require the applicant to answer any questions on oath. The magistrates' court may require any statement in response by the person from whom the cash was seized to be given on oath.

Form 2
Rule 6

The Anti-Terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 3(2) of Schedule 1, Rule 6)
Order/Further Order for Continued Detention of Seized Cash

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

Date of hearing

Person from whom cash seized*

Address of that person*

Amount seized (estimated**)

Date of seizure

Time of seizure

Place of seizure

Date of latest order for continued detention of seized cash (if any)

Amount detained under latest order for continued detention (if any)

Amounts released since the latest order for continued detention (if any)

Names and addresses of any other persons whom the court has identified as being affected by this order

On the application of

(name of applicant), after hearing oral evidence from the applicant [and representations from

(name), being the person from whom the cash was seized/a person likely to be affected by the order].

Decision
It is ordered that the above-mentioned cash be continued to be detained for a period of

(state period up to a maximum of three months from from the date of this order, and not beyond the end of a period of two years from the date of the first order) from the date of this order or until its release may be sooner directed.

Important
Notice of this order must be given forthwith to the person from whom the cash was seized and any other person specified in this order as being affected by it. Such notice shall be in the prescribed form (Form 3 in the Schedule to the Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002) and shall be accompanied by a copy of this order.

Dated this day of 20 .

Signed

[Resident Magistrate]

[Justice of the Peace]

[Clerk of Petty Sessions]

* In the case of a letter, parcel, container or other means of unattended dispatch, insert names and addresses, if known, of sender and intended recipient.

** Delete as appropriate.

Form 3
Rule 6

The Anti-terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 3(4) of Schedule 1, Rule 6)
Notice to Persons Affected by Order for Continued Detention of Seized Cash

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

Cash in the sum of

(amount) was seized on

(date and time) at

(place) from

(person from whom seized*) (in the case of a letter, parcel, container or other means of unattended dispatch, insert names and addresses, if known, of sender and intended recipient), and on

(date of order) an order was made under paragraph 3(2) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 authorising the continued detention of the cash for a period of

(state period). A copy of the order is enclosed with this notice.

You are being given notice of the order because it appears to the court that you may be effected by it.

The person from whom the cash was seized may apply for the release of the detained cash or any part of it under paragraph 5(2) of Schedule 1 to that Act. If the cash was in a letter, parcel, container or other means of unattended dispatch the sender or the intended recipient may make the application.

A person who claims that -

may apply for the release of the detained cash or part of it under paragraph 9(1) of Schedule 1 to that Act. Such a person may apply to the court to be joined as a party to proceedings.

An application under paragraph 5(2) or paragraph 9(1) of Schedule 1 should be made in writing, should state the grounds on which it is made and should be lodged with the clerk of petty sessions.

At the end of the above-mentioned period of detention an application may be made for the further detention of the cash. An application may be made for forfeiture of the cash. You will be notified if an application is made, or if any other person makes an application to the court for the release of the detained cash.

Signed

[Resident Magistrate]

[Justice of the Peace]

[Clerk of Petty Sessions]

Date

* In the case of a letter, parcel, container or other means of unattended dispatch, insert names and addresses, if known, of sender and intended recipient.

Form 4
Rule 7

Anti-terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 3(5) of Schedule 1, Rule 7)
Further Application for Continued Detention of Seized Cash

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

Date of order for continued detention of seized cash [order attached ]

(Name of applicant)

(address and official position of applicant) applies for an order under paragraph 3(2) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 authorising the continued detention of cash in the sum of

(amount) and will state upon oath that one of the three grounds below is satisfied:

**1. There are reasonable grounds for suspecting that the cash is intended to be used for the purposes of terrorism and that either -

**2. There are reasonable grounds for suspecting that the cash consists of resources of an organisation which is a proscribed organisation and that either -

**3. There are reasonable grounds for suspecting that cash is property earmarked as terrorist property and that either -

Note to the Applicant:

This application must wherever possible be submitted to the clerk of petty sessions at least seven days before the expiry of the last period of detention which was ordered by the court. You must attach to this application a copy of any order made in relation to the previous applications under paragraph 3(5) of Schedule 1, and send copies of both documents to the person from whom the cash was seized and any other person specified in any order made in relation to the previous applications under paragraph 3(5) of Schedule 1.

Dated this day of 20 .

Signed

Applicant

To: The clerk of petty sessions for the petty sessions district of

being the district in which the seizure of cash was made.

Form 5
Rule 8

Anti-Terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 5(2) of Schedule 1, Rule 8)
Direction for Release of Detained Cash under paragraph 5(2) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

By the magistrates' court sitting at

(place) on

(date). On the application of

(name of applicant), of

(address of applicant), after hearing oral evidence from

/representations from

Decision
It is directed by the court that the sum of

which represents the whole/part* of the sum seized, together with the interest accruing thereon in accordance with paragraph 4(1) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 be released to or to the order of

(name) on or before

(date not more than 7 days from date of order or such later date as with the agreement of the person from whom the cash has been seized may be specified). Cash is not to be released under this direction where paragraph 5(4) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 applies.

Dated this day of 20 .

Signed

[Resident Magistrate]

[Justice of the Peace]

[Clerk of Petty Sessions]

* Delete as appropriate

Form 6
Rule 8

Anti-Terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 9(3) of Schedule 1, Rule 8)
Order for Release of Detained Cash under paragraph 9(3) of Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

By the magistrates' court sitting at

(place) on

(date). On the application of

(name of applicant), of

(address of applicant), after hearing oral evidence from

/representations from

It appears to the court that the sum below -

Decision
It is ordered that the sum of

which represents the whole/part* of the sum seized, together with any interest accruing thereon in accordance with paragraph 4(1) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001, be released to or to the order of (name)

on or before

(date not more than 7 days from date of order or such later date as with the agreement of the applicant may be specified)

Dated this day of 20 .

Signed

[Resident Magistrate]

[Justice of the Peace]

[Clerk of Petty Sessions]

Form 7
Rule 9

Anti-terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 6(1) of Schedule 1, Rule 9)
Application for Forfeiture of Seized Cash

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

(Name of applicant)

(address and official position of applicant) applies for an order under paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 for the forfeiture of cash in the sum of

(amount) seized on

(date and time) from

(person from whom seized*), together with any interest accruing thereon pursuant to paragraph 4(1) of Schedule 1 to that Act on the grounds that the said cash -

Dated this day of 20 .

Signed

Applicant

* In the case of a letter, parcel, container or other means of unattended dispatch, insert names and addresses, if known, of sender and intended recipient.

** Delete as appropriate

To: The clerk of petty sessions for the petty sessions district of

Form 8
Rule 10

Anti-terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 6(2) of Schedule 1, Rule 10)
Order for Forfeiture of Detained Cash

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

Date of hearing

Person from whom money seized*

Address of that person*

Date of latest order for continued detention of seized cash (if any)

Amount detained under latest order for continued detention (if any)

Amounts released since the latest order for continued detention (if any)

On the application of

(name of applicant), after hearing oral evidence from the applicant [and representations from

(name), being the person from whom the cash was seized/a person likely to be affected by the above-mentioned order for continued detention].

It is ordered that the whole/part** of above-mentioned cash be forfeited.

Sum forfeited

Note to the Parties to these proceedings
Any party to the proceedings in which this forfeiture order is made may appeal against the order under paragraph 7 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 to a county court. The appeal must be brought before the end of the period of 30 days beginning with the date on which this order was made.

Dated this day of 20 .

Signed

[Resident Magistrate]

[Justice of the Peace]

[Clerk of Petty Sessions]

* In the case of a letter, parcel, container or other means of unattended dispatch, insert names and addresses, if known, of sender and intended recipient.

** Delete as appropriate

Form 9
Rule 11

Anti-terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 7(1) of Schedule 1, Rule 11)
Notice of Appeal to the County Court

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

TAKE NOTICE that I,     (name of appellant) intend to appeal to     county court sitting at     (place) on (date) against a forfeiture order made by     magistrates' court on     (date).

Dated this      day of      20    .

Signed     Party appealing

[Solicitor or Agent for Party appealing]

To:      of (address)

and to the Clerk of Petty Sessions for the above-named Petty Sessions District.

Served on      (date)

by

(insert manner of service)

Form 10
Rule 11

Anti-terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 7(11) of Schedule 1, Rule 11)
Form of Appeal to County Court

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

I CERTIFY that upon the hearing of an application for the forfeiture of cash under paragraph 6(2) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001. AN ORDER WAS MADE ON     (date), by a magistrates' court for the above district forfeiting the cash of (the name of person whose cash is subject to forfeiture order).

This      day of      20    .

Clerk of Petty Sessions

I CERTIFY notice of appeal lodged.

This      day of      20    .

Clerk of Petty Sessions

I CERTIFY that upon hearing of the said appeal on the day of     , the county court ordered that

This      day of      20    .

Chief Clerk

Form 11
Rule 12

Anti-terrorism, Crime and Security Act 2001
Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002
(paragraph 7(1) of Schedule 1, Rule 12)
Notice by Clerk of Petty Sessions to Chief Clerk of abandonment of appeal to the County Court

of		}	Petty Sessions District of
	Applicant	}
of		}	County Court Division of
	Respondent(s)	}

THIS IS TO GIVE YOU NOTICE that I have received from the above-named Appellant notice that he has abandoned his appeal to the county court against a forfeiture order made by the magistrates' court for the above-named petty sessions district sitting on the day of 20 .

This day of 20 .

Clerk of Petty Sessions

To the Chief Clerk

at

Copy to the Respondent

of

EXPLANATORY NOTE

(This note is not part of the Rules.)

These Rules revoke and replace the Magistrates' Courts (Terrorism Act 2000) Rules (Northern Ireland) 2001. They prescribe the procedure to be followed for applications to a magistrates' court for the detention, further detention, forfeiture or release of cash seized by a constable, customs officer, or immigration officer under Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 on reasonable suspicion of a connection to terrorism. They also prescribe the procedure to be followed for applications to a magistrates' court for compensation where no forfeiture order is made. These Rules prescribe the forms to be used in connection with the application and hearings.

Notes:

[1] S.I. 1981/1675 (N.I. 26)back

[2] S.R. 2001 No. 65 back

[3] 2001 c. 24 back

[4] 1954 c. 33 (N.I.)back

[5] S.R. 1984 No. 225 back

ISBN 0 33794153 X

Prepared 20 February 2002

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Magistrates' Courts (Detention and Forfeiture of Terrorist Cash) Rules (Northern Ireland) 2002 No. 12 URL: http://www.bailii.org/nie/legis/num_reg/2002/20020012.html