Terrorism Bill - continued        House of Commons
PART III, TERRORIST PROPERTY - continued
Seizure of terrorist cash - continued

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Detained cash.     26. - (1) Cash detained under section 24 by virtue of an order under section 25 shall, unless required as evidence of an offence, be held in an interest bearing account; and the interest accruing on the cash shall be added to it on its release or forfeiture.
 
      (2) Any of the following persons may apply to a magistrates' court, or in Scotland to the sheriff, for a direction that cash detained under section 24 be released-
 
 
    (a) the person from whom the cash was seized,
 
    (b) the person by or on whose behalf it was being imported, exported or brought as described in section 24(3), and
 
    (c) any other person.
      (3) A magistrates' court or the sheriff shall grant an application under subsection (2) if satisfied-
 
 
    (a) that section 25(3)(a) or (b) no longer applies, or
 
    (b) that the detention of the cash is for any other reason no longer justified.
      (4) An authorised officer, or in Scotland the procurator fiscal, may release cash detained under section 24 if-
 
 
    (a) he is satisfied that its detention is no longer justified, and
 
    (b) he has notified the magistrates' court or sheriff who made the order by virtue of which the cash is being detained under section 24.
      (5) Cash detained under section 24 shall not be released under this section-
 
 
    (a) while proceedings on an application for its forfeiture under section 27 have not been concluded, or
 
    (b) while proceedings, whether in the United Kingdom or elsewhere, which relate to the cash have not been concluded.
Forfeiture.     27. - (1) An authorised officer or the Commissioners of Customs and Excise may apply to a magistrates' court, or in Scotland the procurator fiscal may apply to the sheriff, for an order forfeiting cash being detained under section 24.
 
      (2) A magistrates' court or the sheriff may grant an application only if satisfied on the balance of probabilities that the cash is cash of a kind mentioned in section 24(1)(a), (b) or (c).
 
      (3) An order may be made under this section whether or not proceedings are brought against any person for an offence with which the cash is connected.
 
      (4) Proceedings on an application under this section to the sheriff shall be civil proceedings.
 
Forfeiture: appeal.     28. - (1) Subject to subsection (2), any party to proceedings in which a forfeiture order is made by a magistrates' court under section 27 may appeal-
 
 
    (a) where the order is made by a magistrates' court in England and Wales, to the Crown Court, or
 
    (b) where the order is made by a magistrates' court in Northern Ireland, to the county court.
      (2) An appeal under subsection (1)-
 
 
    (a) must be brought before the end of the period of 30 days beginning with the date on which the forfeiture order was made, and
 
    (b) may not be brought by the applicant for the forfeiture order.
      (3) On an application by the appellant, a magistrates' court may order the release of so much of the cash to which the forfeiture order applies as it considers appropriate to enable him to meet his reasonable legal expenses in connection with the appeal.
 
      (4) An appeal under subsection (1) shall be by way of a rehearing.
 
      (5) If the court allows the appeal, it may order the release of-
 
 
    (a) the cash to which the forfeiture order applies together with any interest which has accrued, or
 
    (b) where an order has been made under subsection (3), the remaining cash to which the forfeiture order applies together with any interest which has accrued.
      (6) Any party to the proceedings in which a forfeiture order is made by the sheriff under section 27, other than the applicant for the order, may appeal to the Court of Session.
 
Treatment of forfeited cash.     29. Any cash to which a forfeiture order under section 27 applies or accrued interest thereon shall be paid into the Consolidated Fund-
 
 
    (a) after the end of the period within which an appeal may be brought under section 28(1) or (6), or
 
    (b) where an appeal is brought under section 28(1) or (6), after the appeal is determined or otherwise disposed of.
 
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