Statutory Rule 2001 No. 65 No. 65

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2001 No. 65
MAGISTRATES' COURTS
Magistrates' Courts (Terrorism Act 2000) Rules (Northern Ireland) 2001

	Made	16th February 2001
	Coming into operation	19th February 2001

The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981[1] and section 31 of the Terrorism Act 2000[2], 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 (Terrorism Act 2000) Rules (Northern Ireland) 2001 and shall come into operation on 19th February 2001.

Interpretation
2. In these Rules -

Application for continued detention of seized cash
3. - (1) An application under section 26(1) for an order for continued detention of cash seized under section 25 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) every person to whom notice of the order for continued detention of cash was given; and

(b) every person heard by the magistrates' court in accordance with section 28(3) when the court considered the application for the forfeiture order which is subject of the appeal,

notice of his appeal in writing in Form 8 and shall within the said period serve a copy of such notice on the clerk of petty sessions.

    (2) The notice of appeal to be served on the parties and the copy of the notice to be served on the clerk of petty sessions under paragraph (1) shall be prepared and signed by the appellant or by his solicitor or other duly authorised agent and shall contain his address or that of his solicitor or other duly authorised agent.

    (3) The copy of the notice served on the clerk of petty sessions shall be endorsed with the date upon which and the manner in which the notice was served.

    (4) As soon as practicable after the clerk of petty sessions has received the notice of appeal, the resident magistrate or justice of the peace from whose order the appeal is to be brought or the clerk of petty sessions shall in Form 9 ("the form of appeal") set out the terms of the order appealed against and that form shall include a certificate signed by the clerk of petty sessions to the effect that notice of appeal has been given.

    (5) As soon as practicable after complying with the above paragraphs, the clerk of petty sessions shall -

(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 section 29(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 section 29 shall be in Form 10.

Application for release of cash for appeal
     11. - (1) An application under section 29(3) for the release of cash to meet the appellant's legal expenses, in connection with his appeal under section 29(1), shall be made in writing to the magistrates' court which made the order for forfeiture under section 28 and shall contain the name and address of the solicitor instructed by the appellant and the amount requested to be released, together with any evidence in support of the application.

    (2) The clerk of petty sessions who receives such an application shall fix a date for the hearing, shall notify the applicant thereof, and shall notify every person to whom notice of an order for forfeiture was given of the application and the date fixed for hearing.

    (3) An order for the release of cash under section 29(3) shall be in Form 11.

Joinder
     12. At any hearing of an application under section 26(1), 26(4), 27(2) or 28(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
     13. - (1) Any notice, notification, copy of any order or any other document required to be given to any person under the provisions of rule 5(2), 6(4), (5) and (7), 8(3), 10(5)-(7), 11 or 12 may be given by ordinary first class post to his last known address.

    (2) A notice under rule 10(1) shall be served in accordance with section 24(2) of the Interpretation Act (Northern Ireland) 1954[3].

Procedure at hearings
     14. At the hearing of an application under section 26(1), 26(4), 27(2) or 28(1), 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 a further order should be made, an existing order should be discharged, or a forfeiture order should be made, as the case may be, but the fact that any such person does not attend shall not prevent the court from hearing the application.

     15. The Magistrates' Courts Rules (Northern Ireland) 1984[4] shall have effect subject to the provisions of these Rules.

Irvine of Lairg, C.

Dated 16th February 2001

SCHEDULERule 2

Form 1
Rule 3

Terrorism Act 2000
(section 26(1), Rule 3)
Application for Continued Detention of Seized Cash
of Applicant Petty Sessions District of

of Respondent(s) County Court Division of

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**)

(address and official

position of applicant) will apply [at

(place) on

(date) at

(time)***, for an order under section 26(1) of the Terrorism Act 2000 authorising the continued detention of the above-mentioned cash and will state upon oath that -

(state grounds)

and

Dated this      day of      20

     Applicant

* In the case of a letter, parcel, container or other means of unattended dispatch, insert names, 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.

    (2) A person from whom cash has been seized may, at any time, apply under section 27(3) of the Terrorism Act 2000 to a magistrates' court for the release of the cash.

Form 2
Rule 5

Terrorism Act 2000
(section 26(1), Rule 5)
Order for Continued Detention of Seized Cash
of Applicant Petty Sessions District of

of Respondent(s) County Court Division of

Date of hearing

Person from whom money seized*

Address of that person*

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.]

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 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 (Terrorism Act 2000) Rules (Northern Ireland) 2001) 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, if known, of sender and intended recipient.

Form 3
Rule 5

Terrorism Act 2000
(section 26(2), Rule 5)
Notice to Persons affected by Order for Continued Detention of Seized Cash
of      Applicant      Petty Sessions District of

of      Respondent(s)      County Court Division of

Cash in the sum of      (amount) was seized on      (date and time) at     (place) from     (person from whom seized), and on

(date of order) an order was made under section 26(1) of the Terrorism Act 2000 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 affected by it. You may apply to a magistrates' court for the release of the cash under section 27(2) of the Terrorism Act 2000.

At the end of the above-mentioned period of detention an application may be made under section 26(4) of the Terrorism Act 2000 to the appropriate magistrates' court for further detention of the cash. You will be notified by that court if such an application is made, or if any other person makes an application to the court for release of the cash.

Signed

[Resident Magistrate]

[Justice of the Peace]

[Clerk of Petty Sessions]

Date

Form 4
Rule 6

Terrorism Act 2000
(section 26(4), Rule 6)
Further Application for Continued Detention of Seized Cash
of      Applicant      Petty Sessions District of

of      Respondent(s)      County Court Division of

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 section 26(4) of the Terrorism Act 2000 authorising the continued detention of cash in the sum of

(amount).

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 the order made in relation to the application under section 26(1), and send copies of both documents to the person from whom the cash was seized and any other person specified in the order made in relation to the application under section 26(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 7

Terrorism Act 2000
(section 27(3), Rule 7)
Order for release of Detained Cash
of Applicant Petty Sessions District of

of Respondent(s) County Court Division of

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 ordered by the court that the sum of

together with the interest accruing thereon in accordance with section 27(1) of the Terrorism Act 2000, 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 except where section 27(5) of the Terrorism Act 2000 applies).

Dated this      day of      20 .

    Signed

    [Resident Magistrate]

    [Justice of the Peace]

    [Clerk of Petty Sessions]

Form 6
Rule 8

Terrorism Act 2000
(section 28, Rule 8)
Application for Forfeiture of Cash Seized under section 28 of the Terrorism Act 2000
of      Applicant      Petty Sessions District of

of      Respondent(s)      County Court Division of

(Name of applicant) of

(address and official position of applicant) applies for an order under section 28 of the Terrorism Act 2000 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 section 27(1) of that Act, on the grounds that the said cash -

Dated this     day of      20 .

    Signed

    Applicant

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

* Delete as appropriate

Form 7
Rule 9

Terrorism Act 2000
(section 28, Rule 9)
Order for forfeiture of detained cash made under section 28 of the Terrorism Act 2000
of Applicant Petty Sessions District of

of Respondent(s) County Court Division of

Date of hearing

Person from whom money seized*

Address of that person*

Names and addresses of any other persons whom the court has identified as being affected by the above-mentioned order for continued detention of the cash

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/a person who claims in accordance with section 28(3) of the Terrorism Act 2000 to be the owner of or otherwise interested in any of the cash which is to be forfeited.]

It is ordered that the above-mentioned cash be forfeited.

Note to the Parties to these proceedings
Any party to the proceedings in which this forfeiture order is made except for the applicant for the order may appeal against the order under section 29 of the Act to the 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, if known, of sender and intended recipient.

Form 8
Rule 10

Terrorism Act 2000
(section 29, Rule 10)
Notice of Appeal to the County Court
of      Applicant      Petty Sessions District of

of      Respondent(s)      County Court Division of

TAKE NOTICE that I,

(name of person whose cash is subject to forfeiture order) 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 9
Rule 10

Terrorism Act 2000
(section 29, Rule 10)
Form of Appeal to County Court
of      Appellant      Petty Sessions District of

of      Respondent(s)      County Court Division of

I CERTIFY that upon the hearing of an application for the forfeiture of cash under section 28 of the Terrorism Act 2000 AN ORDER WAS MADE ON

(date), by a magistrates' court of the above district forfeiting the cash of

(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 the hearing of the said appeal on the day of

, the county court ordered that

This      day of      20 .

    Chief Clerk

Form 10
Rule 10

Terrorism Act 2000
(section 29, Rule 10)
Notice by Clerk of Petty Sessions to Chief Clerk of abandonment of appeal to the County Court
of      Appellant      Petty Sessions District of

of      Respondent(s)      County Court Division of

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

Form 11
Rule 11

Terrorism Act 2000
(section 29(3), Rule 11)
Order for Release of Detained Cash (to meet legal expenses)
of      Applicant      Petty Sessions District of

of      Respondent(s)      County Court Division of

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

be released to

to meet the legal expenses of the applicant in connection with his appeal, in accordance with section 29(1) of the Terrorism Act 2000.

Dated this     day of     20 .

    Signed

    [Resident Magistrate]

    [Justice of the Peace]

    [Clerk of Petty Sessions]

EXPLANATORY NOTE

(This note is not part of the Rules.)

These Rules make provision for various applications under Part III of the Terrorism Act 2000 in respect of the seizure, detention and forfeiture of cash suspected to form the whole or part of the resources of a proscribed organisation, suspected to be terrorist property, or intended to be used for the purposes of terrorism. Additionally Rule 10 sets out the procedure to be followed where an appeal is to be made under section 29(1) of the 2000 Act (Appeal against forfeiture) and rule 11 provides for the procedure to be followed where an application is made under section 29(3) for the release of cash to meet an appellant's legal expenses.

Notes:

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

[2] 2000 c. 11 back

[3] 1954 c. 33 (N.I.)back

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

ISBN 0 337 04365 5

Prepared 9 March 2001

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Statutory Rule 2001 No. 65 No. 65 URL: http://www.bailii.org/nie/legis/num_reg/2001/20010065.html