Criminal Finances Bill (HC Bill 75)

(c) from an order or decision of a magistrates’ court in
30Northern 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) 35The 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.

10Z5 40Extended time for appealing in certain cases where deproscription order made

(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,

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(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
5was 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) 10if 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
15brought 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.

10Z6 20Application of money forfeited under account forfeiture order

(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
25Consolidated 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
30paragraph 10Z4 may be made, or

(b) if a person appeals under that paragraph, before the appeal
is determined or otherwise disposed of.

10Z7 Compensation

(1) This paragraph applies if—

(a) 35an 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
40account 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
45compensation to be paid to the applicant.

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(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
5compensation 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
10be 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) 15If the account freezing order was applied for by a designated 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
20Part 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) 25in 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.

3 (1) Paragraph 19 (general interpretation) is amended as follows.

(2) 30In sub-paragraph (1), at the appropriate places insert—

  • ““account forfeiture notice” (in Part 4B) has the meaning
    given by paragraph 10W(3),”;

  • ““account freezing order” (in Part 4B) has the meaning given
    by paragraph 10Q(4)(a),”;

  • 35““bank” (in Part 4B) has the meaning given by paragraph
    10R,”;

  • “building society” (in Part 4B) has the meaning given by
    paragraph 10Q(7),”;

  • ““enforcement officer” (in Part 4B) has the meaning given by
    40paragraph 10Q(7),”;

  • “relevant court” (in Part 4B) has the meaning given by
    paragraph 10Q(7),”;

  • ““senior officer” (in Part 4B) has the meaning given by
    paragraph 10Q(7),”.

(3) 45After sub-paragraph (6) insert—

(7) References (in Part 4B) to an account being operated by or for a
person are to be read in accordance with paragraph 10Q(4)(b).”