The Magistrates’ Courts (Freezing and Forfeiture of Terrorist Money in Bank and Building Society Accounts) Rules 2017

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Part 4B of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (“ATCSA”). Part 4B of Schedule 1 to ATCSA was inserted by Schedule 4 to the Criminal Finances Act 2017 (c.22), and makes provision for the forfeiture of terrorist funds held in bank and building society accounts. These Rules provide the relevant procedure for:

Link: The Magistrates’ Courts (Freezing and Forfeiture of Terrorist Money in Bank and Building Society Accounts) Rules 2017
Source: Legislation .gov.uk

The Magistrates’ Courts (Freezing and Forfeiture of Money in Bank and Building Society Accounts) Rules 2017

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Chapter 3B of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (“POCA”). Chapter 3B of Part 5 of POCA was inserted by section 16 of the Criminal Finances Act 2017 (c.22), and makes provision for the forfeiture of money held in bank and building society accounts, where the money derives from, or is intended for use in, unlawful conduct. These Rules provide the relevant procedure for:

Link: The Magistrates’ Courts (Freezing and Forfeiture of Money in Bank and Building Society Accounts) Rules 2017
Source: Legislation .gov.uk

The Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) (Amendment) Rules 2017

These Rules amend Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) (No 2) Rules 2001 (“the 2001 Rules”), which prescribe the procedure to be followed for applications to a magistrates’ court for the detention, further detention, forfeiture or release of cash seized under Parts 1-4 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (“ATCSA”).

Link: The Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) (Amendment) Rules 2017
Source: Legislation .gov.uk

The Magistrates’ Courts (Detention and Forfeiture of Terrorist Assets) Rules 2017

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Part 4A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (“ATCSA”). Part 4A of Schedule 1 to ATCSA was inserted by Schedule 3 to the Criminal Finances Act 2017 (c.22), and makes provision for the forfeiture of terrorist funds held in bank and building society accounts. These Rules provide the relevant procedure for:

Link: The Magistrates’ Courts (Detention and Forfeiture of Terrorist Assets) Rules 2017
Source: Legislation .gov.uk

The Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Chapter 3A of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (“POCA”). Chapter 3A of Part 5 of POCA was inserted by section 15 of the Criminal Finances Act 2017 (c.22), and makes provision for the forfeiture of certain listed items of personal or moveable property, where the listed property derives from, or is intended for use in, unlawful conduct. The property to which the forfeiture powers apply is listed in section 303B of POCA. These Rules provide the relevant procedure for:

Link: The Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017
Source: Legislation .gov.uk

The Magistrates’ Courts (Detention and Forfeiture of Cash) (Amendment) Rules 2017

These Rules amend the Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002 (“the 2002 Rules”), which prescribe the procedure to be followed for applications to a magistrates’ court for the detention, further detention, forfeiture or release of cash seized under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (“POCA”).

Link: The Magistrates’ Courts (Detention and Forfeiture of Cash) (Amendment) Rules 2017
Source: Legislation .gov.uk

Press release: Government launches plan to increase participation in democracy

The government has launched the first ever Democratic Engagement Plan today (19 December 2017) to tackle democratic exclusion and outline how it will increase participation among under registered groups.

The Minister for the Constitution Chris Skidmore launched the Plan today at the first meeting of the National Democracy Week Council, made up of organisations from across the civil society sector, working in partnership with government.

The Council has been established to plan activities for a week of unified national action that will take place between 2 to 6 July next year in celebration of two significant anniversaries – 100 years since women won the right to vote and 90 years since women won equal voting rights to men.

The Democratic Engagement Plan, launched today, follows the ‘Every Voice Matters’ tour, which over the last year has visited every region and nation in Great Britain. The Minister met over 100 organisations that represent people who are underrepresented on the electoral register, gathering insight on the barriers these groups face engaging with the democratic process.

The Plan sets out our approach to creating an inclusive democracy by:

  • building on record levels of voter registration and identifying where there is more to do
  • further encouraging participation to make our democracy more inclusive than ever
  • launching National Democracy Week to promote democratic engagement
  • identifying the barriers faced by specific groups that are currently under-represented on the electoral register

Also, today is the next stage of the government’s plans to make changes to anonymous registration, making it more accessible for those who need it most. The draft legislation will be laid in Parliament, if it is approved we anticipate the changes will come into force in time for the May local elections in England.

Minister for the Constitution, Chris Skidmore said:

I am pleased to publish the first Democratic Engagement Plan which sets out our longer-term approach to encouraging democratic participation.

We now have a better understanding of how participation differs between different groups and areas and this plan sets out how best we can engage with those who are under-registered so ours is a democracy that works for everyone.

We want to ensure that everyone eligible who wishes to register to vote and participate in our democracy is given the opportunity to do so. There are still millions of people who are not enrolled on the electoral register or choose not to vote. But as this Plan shows, in our democracy, every voice matters.

Link: Press release: Government launches plan to increase participation in democracy
Source: Gov Press Releases

Press release: Justice Secretary pledges commitment to tackling racial inequality in the Criminal Justice System

The Lammy review, published in October, found evidence that people from black and minority ethnic backgrounds have a worse experience of the CJS. David Lammy’s findings included striking statistics which show starkly the work that will be required to address this deep-rooted problem – this includes the fact that BAME men and women represent 25% of prisoners, despite making up just 14% of the population.

David Lammy made a range of recommendations, including that data should be published and analysed regularly on ethnicity and the CJS, and that deferred prosecution models should be explored further.

The Justice Secretary today pledged to take forward work around each of the 35 recommendations – making clear that action had been taken on several already – and went even further by challenging all parts of the criminal justice system to seek out further opportunities to challenge race bias.

While some of the changes will take longer to achieve than others, the Ministry of Justice (MoJ) has already made progress on several recommendations. For example, prison governors have been asked to immediately implement the recommendation to establish a diverse forum in prisons to review the use of force. Meanwhile, the Ministry of Justice has met several recommendations by publishing data that has never been compiled or released before on race bias in the CJS. This includes a breakdown by ethnicity of parole board hearing outcomes and the educational background of offenders, linking with data held by the Department for Education – and the MoJ will take every opportunity to keep adding new data.

Today’s response builds on the work already announced by the Prime Minister earlier this year when she published the Race Disparity Audit. The Prime Minister challenged society to “explain or change” the disparities which were uncovered.

Academics, campaigners and think-tanks will have an open invitation to scrutinise data on race bias. Where the MoJ cannot explain discrepancies in the way different groups are treated – it will make reforms to address them.

Where a recommendation in the Lammy review cannot be implemented in full or exactly as recommended, further work will be carried out and an alternative approach will be found that achieves the same aim.

The Ministry of Justice also committed to doing everything possible to encourage and support other organisations to take action to meet their specific recommendations.

Justice Secretary David Lidington said:

This Government is committed to exposing injustice wherever it exists. Where we cannot explain differences in outcomes for different groups, we will reform.

Effective justice simply cannot be delivered unless everyone has full confidence in our Criminal Justice System.

This is the very first step in a change of attitude towards race disparity that will touch on every part of the criminal justice system for years to come.

Ministers have also started discussions with the Mayor’s Office for Policing and Crime about piloting a deferred prosecution scheme in the capital.

Work will be driven forward by a new Race and Ethnicity Board, made up of the key partners in the CJS responsible for implementing the Lammy recommendations. The Board will work with external stakeholders to inform and encourage challenge on its progress. Extensive publication of data will ensure the Ministry of Justice and partners across the CJS are held to account for reducing race bias.

Notes to Editors:

  • The Government’s response to David Lammy will be published on the Ministry of Justice web page on Gov.UK at 9.30am on Tuesday 19 December.
  • The Government’s ‘Ethnicity Facts and Figures’ website can be found at http://www.ethnicity-facts-figures.service.gov.uk

Link: Press release: Justice Secretary pledges commitment to tackling racial inequality in the Criminal Justice System
Source: Gov Press Releases