Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Application definition

What does Application mean? An application is a procedural request asking a court to make an order, typically during the life of proceedings (an interim/interlocutory application) but sometimes disposing of an issue finally. The concept is descriptive rather than statutorily defined; content and procedure are set by court rules and case law in each jurisdiction. England and Wales: under the Civil Procedure Rules, applications are made by application notice (cpr Part 23), on notice or without notice, supported by evidence (usually a witness statement), and subject to filing fees, service and time limits. Common applications include extensions of time, summary judgment, security...

Retention of unlawfully seized property: CJPA 2001 s 59 Crown Court applications, CrimPR 2025 procedure, PACE 1984 criteria and resisting applications (England and Wales)

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Practice notes

This PrACTice Note sets out how to seek an order to retain items taken during a Search, under section 59(5) of the Criminal Justice and Police Act 2001 (CJPA 2001) and the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, and the grounds for bringing such an Application. It also outlines how an opposing party may contest the application and resist the order.

For guidance on lawful seizure routes—whether under warrant, under PACE 1984 and CJPA 2001, or with the owner’s consent—and on the procedure for seeking a warrant, see Practice Notes: Seizure and Retention of property and Obtaining and executing a search warrant under PACE 1984. For material on search and seizure warrants under the Proceeds of Crime Act 2002 (POCA 2002), consult Practice Note: Search and seizure warrants under section 352 of POCA 2002.

When can an application to retain seized property be made?

A request for an order permitting retention of seized property—taken in purported exercise of a relevant seizure power (eg under a PACE 1984, s 8 warrant)—is brought pursuant to CJPA 2001, s 59(5)...

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Web page updated on 21/05/2026

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