Ancillary Orders Consultation

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

Terrorism Act 2000, Part III, section 23

Availability

Where a person is convicted of an offence under sections 15 to 18 Terrorism Act 2000 the court may make a forfeiture order as follows:

Section 15(1) or (2) or Section 16

The court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which-

• had been used for the purposes of terrorism, or
• they intended should be used, or had reasonable cause to suspect might be used, for those purposes.

Section 15(3)

The court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which-

• had been used for the purposes of terrorism, or
• which, at that time, they knew or had reasonable cause to suspect would or might be used for those purposes.

Section 17 or Section 18

The court may order the forfeiture of any money or other property which, at the time of the offence, the person had in their possession or under their control and which-

• had been used for the purposes of terrorism, or
• was, at that time, intended by them to be used for those purposes.

Section 17

The court may order the forfeiture of the money or other property to which the arrangement in question related, and which-

• had been used for the purposes of terrorism, or
• at the time of the offence, the person knew or had reasonable cause to suspect would or might be used for those purposes.

Section 17A

The court may order the forfeiture of the amount paid under, or purportedly under, the insurance contract.

Section 18

The court may order the forfeiture of the money or other property to which the arrangement in question related.

Sections 15 to 18

The court may order the forfeiture of any money or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence.

Considerations

The court shall have regard to—

• the value of the property, and
• the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).

The court must give an opportunity to be heard to any person, (other than the offender), who claims to be the owner or otherwise interested in anything which can be forfeited under that section.

Implementing the order

Where the court makes a forfeiture order it may also make any other order it deems necessary to give effect to the forfeiture, in particular it may:

• require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order
• direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer
• appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer
• direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person who the court is satisfied is the owner, or an interested person.

In force

A forfeiture order does not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).