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The Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002

The Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002 reg 4

reg 4 First application for the continued detention of seized cash

(1) The first application under section 295(4) of the Act for an order under section 295(2) of the Act for the continued detention of cash seized under section 294 of the Act shall be made in form A and shall be sent to the justices' chief executive for the petty sessions area of the court before which the applicant wishes to make the application. (2) But where the reasonable grounds for suspicion which led to the seizure of cash to which an application under section 295(4) of the Act relates are connected to the reasonable grounds for suspicion which led to the seizure of other cash to which a previous order made under section 295(2) of the Act relates, then the application may be sent to the justices' chief executive for the petty sessions area of the court which made the previous order. (3) Except where paragraph (4) or paragraph (7) applies, a copy of the written application and notification of the hearing of the application shall be given by the applicant to the person from whom the cash was seized. (4) Where seized cash is found in a means of unattended dispatch, such as an unattended letter, parcel or container, copies of the written application and notification of the hearing of the application shall be sent by the applicant to the sender and intended recipient of the means of unattended dispatch. (5) But where paragraph (4) applies the applicant is not required to send copies of the written application and notification of the hearing to a sender or intended recipient who cannot be identified. (6) Where paragraph (4) applies, the court shall not decline to hear an application solely on the ground that it has not been proved that the sender and intended recipient have been given a copy of the written application and notification of the hearing. (7) Where unattended cash is seized (other than where the cash is found in a means of unattended dispatch) the applicant need not give a copy of the written application and notification of the hearing to any person. (8) An order for the continued detention of seized cash shall be in Form B. (9) The justices' chief executive shall give— (a) notice of the order in Form C, and (b) a copy of the order, to the person from whom the cash was seized and to any other person known to be affected by the order.

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