Commentary Schedule 2 – Seizure and forfeiture of terrorist publications Paragraphs 7 to 11
139.These paragraphs set out the procedure for forfeiture proceedings in court. These proceedings will be civil proceedings. Paragraph 7 sets out the courts in which such proceedings may be instituted. Paragraph 8 states that such proceedings may only be instituted in a magistrates’ court, the sheriff court or a court of summary jurisdiction if it has jurisdiction in relation to the place where the article to which they relate was seized. Paragraph 10 sets out the procedure for appeals against decisions of summary jurisdiction courts to higher courts. Paragraph 11 sets out that for the duration of any appeal the seized items will remain in the possession of the constable who seized them.