Section 38(6)

In paragraph 9 (victims), after sub-paragraph (3) insert— If sub-paragraph (5) applies, the court or sheriff may order the cash to be released to the applicant or to the person from whom it was seized. This sub-paragraph applies where— the applicant is not the person from whom the cash claimed was seized, it appears to the court or sheriff that the cash belongs to the applicant, the court or sheriff is satisfied that the release condition is met in relation to the cash, and no objection to the making of an order under sub-paragraph (4) has been made by the person from whom the cash was seized. The release condition is met— in relation to cash detained under paragraph 3, if the conditions in that paragraph for the detention of the cash are no longer met, in relation to cash detained under paragraph 5B or 5C, if the cash is not terrorist cash, and in relation to cash detained pending the conclusion of proceedings in pursuance of an application under paragraph 6, if the court or sheriff decides not to make an order under that paragraph in relation to the cash.

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Source: legislation.gov.uk · retrieved 2026-09-04