SCHEDULES

SCHEDULE 4 Forfeiture Orders

Part I England and Wales

Proceedings for an offence: timing

11

1

For the purposes of this Part of this Schedule proceedings for an offence are instituted—

a

when a justice of the peace issues a summons or warrant under section 1 of the M1Magistrates’ Courts Act 1980 in respect of the offence;

b

when a person is charged with the offence after being taken into custody without a warrant;

c

when a bill of indictment charging a person with the offence is preferred by virtue of section 2(2)(b) of the M2Administration of Justice (Miscellaneous Provisions) Act 1933.

2

Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

3

For the purposes of this Part of this Schedule proceedings are concluded—

a

when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the forfeited property, or

b

when no forfeiture order has been made in those proceedings and there is no further possibility of one being made as a result of an appeal (disregarding any power of a court to grant leave to appeal out of time).