Part 2: Terrorist property Civil recovery Section 38: Forfeiture of terrorist cash
Section 38 amends Schedule 1 to ATCSA which provides for the forfeiture of terrorist cash. In particular, this section amends the definition of terrorist cash in paragraph 1 of Schedule 1 to include gaming vouchers, fixed-value casino tokens and betting receipts. Gaming vouchers are defined as a voucher in physical form issued by a gaming machine, such as a fixed odds betting terminal, that represents a right to be paid the amount stated on it. Fixed value casino tokens mean a token, issued by a casino that represents a right to be paid the value stated on it. Betting receipt means a receipt in physical form that represents a right to be paid an amount in respect of a bet placed with a person holding a betting licence.
	This section also amends paragraph 3 of Schedule 1 to extend the length of time that the magistrates’ court or (in Scotland) the sheriff may authorise the detention of cash following seizure from three months to six months (subject to an overall cap of two years). Paragraph 9 is amended to make provision for the court to order the release of detained cash to a person to whom the cash belongs but from whom it was not seized, providing certain conditions are met.
	Section 38(4) inserts after paragraph 5 of Schedule 1 new Part 2A (comprising paragraphs 5A to 5F) which provides for the forfeiture of terrorist cash without a court order, allowing terrorist cash to be administratively forfeited by way of a notice issued by an appropriate law enforcement officer.
	Paragraph 5A makes provision for a cash forfeiture notice to be given by a senior officer for the purpose of forfeiting terrorist cash which has been detained and specifies the information which such a notice must contain. It also provides a period of 30 days for objections to the proposed forfeiture to be made and requires the Secretary of State to make regulations which detail how a forfeiture notice is to be given.
	Paragraph 5B sets out what the effect of a cash forfeiture notice is and the circumstances in which such a notice will lapse.
	Paragraph 5C makes provision for the detention of cash where a cash forfeiture notice has lapsed following an objection being made thereto and the period for detaining the cash authorised by the court under paragraph 3(2) has expired.
	Paragraph 5D makes provision for a person aggrieved by the forfeiture of cash via a cash forfeiture notice to apply to the magistrates’ court or (in Scotland) the sheriff for an order to set aside the forfeiture.
	In paragraph 5E, provision is made for the release of cash which is detained following the giving or lapse of a cash forfeiture notice. The person from whom the cash was seized may apply for its release to the magistrates’ court or (in Scotland) the sheriff, which may direct its release if not satisfied that the cash is terrorist cash. Alternatively, an authorised officer may release the cash if satisfied that the detention is no longer justified.
	Paragraph 5F deals with the application of cash which has been forfeited under a cash forfeiture notice. Provision is made for cash which is forfeited by this process to be paid into the Consolidated Fund or, if forfeited in Scotland, to be paid in the Scottish Consolidated Fund but not before the end of the period within which an application to set aside the forfeiture can be made or, if such an application is made, until it is determined.