Section 101: Appeal in proceedings for forfeiture of cash
223.Section 101 has the effect of giving a right of appeal to police and customs officers in all cash forfeiture applications where a court dismisses an application for cash forfeiture. In Scotland, this right is given to the Scottish Ministers as it is they who make cash forfeiture applications. This is in addition to the right of appeal given to a person aggrieved by the making of an order for the forfeiture of cash. The section also has the effect of allowing the appeal court, the Crown Court, to hear an appeal in an appropriate way, for example by way of a rehearing or on a point of law. The section also changes the route of appeal in Scotland: rather than by way of rehearing at the Court of Session, the appeal will be instead to the Sheriff Principal.
