SCHEDULE 3 Provisions Relating to Forfeiture
Customs and Excise Management Act 1979 (1979 c 2) | Legislation

SCHEDULE 3 Provisions Relating to Forfeiture

Sections 139, 143, 145

Notice of seizure

1

(1)     The Commissioners shall, except as provided in sub-paragraph (2) below, give notice of the seizure of any thing as liable to forfeiture and of the grounds therefor to any person who to their knowledge was at the time of the seizure the owner or one of the owners thereof.

(2)     Notice need not be given under this paragraph if the seizure was made in the presence of—

(a)     the person whose offence or suspected offence occasioned the seizure; or

(b)     the owner or any of the owners of the thing seized or any servant or agent of his; or

[(ba)     a person who has (or appears to have) possession or control of the thing being seized; or]

(c)     in the case of anything seized [on or from] any ship or aircraft, the master or commander[; or

(d)     in the case of any thing seized on or from a vehicle, the driver of the vehicle].

2

Notice under paragraph 1 above shall be given in writing and shall be deemed to have been duly served on the person concerned—

(a)     if delivered to

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Removal of a director

Removal of a directorThis note should be read in conjunction with Practice Note: Appointment, retirement and resignation of a director.For an illustration of the steps that must be taken to remove a director, see Removal of a director—flowchart.Removal from officeResolution to remove a directorA

LEXISNEXIS

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of

LEXISNEXIS

Strict liability

Strict liabilityStrict liabilityWhen an offence does not require proof of a mental element it is an offence of strict liability. There are some common law offences of strict liability (eg public nuisance, outraging public decency and contempt) most though are statutory, arising often under

LEXISNEXIS

Money laundering offences—tipping off and prejudicing an investigation

Money laundering offences—tipping off and prejudicing an investigationTipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities