Page:Terrorism Act 2006.pdf/46

42 Forfeiture proceedings

7 Proceedings by virtue of this Schedule are civil proceedings and may be instituted—
 * (a) in England or Wales, either in the High Court or in a magistrates’ court;
 * (b) in Scotland, either in the Court of Session or in the sheriff court; and
 * (c) in Northern Ireland, either in the High Court or in a court of summary jurisdiction.

8 Proceedings by virtue of this Schedule in—
 * (a) a magistrates’ court in England or Wales,
 * (b) the sheriff court in Scotland, or
 * (c) a court of summary jurisdiction in Northern Ireland,

may be instituted in that court only if it has jurisdiction in relation to the place where the article to which they relate was seized.

9 (1) In proceedings by virtue of this Schedule that are instituted in England and Wales or Northern Ireland, the claimant or his solicitor must make his oath that, at the time of the seizure, the seized article was, or was to the best of his knowledge and belief, the property of the claimant.

(2) In any such proceedings instituted in the High Court—
 * (a) the court may require the claimant to give such security for the costs of the proceedings as may be determined by the court; and
 * (b) the claimant must comply with any such requirement.

(3) If a requirement of this paragraph is not complied with, the court must find against the claimant.

10 (1) In the case of proceedings by virtue of this Schedule that are instituted in a magistrates’ court in England or Wales, either party may appeal against the decision of that court to the Crown Court.

(2) In the case of such proceedings that are instituted in a court of summary jurisdiction in Northern Ireland, either party may appeal against the decision of that court to the county court.

(3) This paragraph does not affect any right to require the statement of a case for the opinion of the High Court.

11 Where an appeal has been made (whether by case stated or otherwise) against the decision of the court in proceedings by virtue of this Schedule in relation to an article, the article is to be left in the custody of a constable pending the final determination of the matter.

Effect of forfeiture

12 Where an article is treated or condemned as forfeited under this Schedule, the forfeiture is to be treated as having taken effect as from the time of the seizure.

Disposal of unclaimed property

13 (1) This paragraph applies where the article seized under the authority of a warrant under section 28 is required to be returned to a person.