Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/428 |
| Year | 2003 |
2003 No. 428 (L. 10)
SUPREME COURT OF ENGLAND AND WALES
The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003
Made 20th February 2003
Laid before Parliament 28th February 2003
Coming into force 24th March 2003
We, the Crown Court Rule Committee, in exercise of the powers conferred upon us by sections 84(1), 86 and 87(4) of the Supreme Court Act 19811, and with the concurrence of the Treasury under section 84(7) of the Supreme Court Act 1981, hereby make the following Rules:
PART I
Introduction
Citation and commencement
1. These Rules may be cited as the Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003 and shall come into force on 24th March 2003.
Interpretation
2. In these Rules—
“the 1968 Act” means the Criminal Appeal Act 19682;
“the 2002 Act” means the Proceeds of Crime Act 20023;
“appellant” means a person who brings or seeks to bring an appeal;
“defendant” has the meaning given to it in Part 2 of the 2002 Act;
“the Director of the Assets Recovery Agency” is the Director appointed under section 1 of the 2002 Act;
“the Order” means the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 20034;
“the principal rules” means the Criminal Appeal Rules 19685;
“respondent” means—
(i) a person other than the appellant who was a party to the proceedings in the Crown Court and who is affected by an appeal; and
(ii) a person who is permitted by the Court of Appeal to be a party to the appeal;
“the registrar” means the registrar of criminal appeals of the Court of Appeal;
references to the Court of Appeal are to the criminal division of the Court of Appeal;
a reference to a form is a reference to a form set out in the Schedule to these Rules or a form with the same effect;
references to a single judge are to any judge of the Court of Appeal or of the High Court.
PART II
Provisions applicable only to appeals under section 31 of the 2002 Act
Notice of appeal
3.—(1) Where an appellant wishes to apply to the Court of Appeal for leave to appeal under section 31 of the 2002 Act, he must serve a notice of appeal in Form 1 on—
(a)
(a) the appropriate officer of the Crown Court; and
(b)
(b) the defendant.
(2) When the notice of the appeal is served on the defendant, it must be accompanied by a respondent’s notice in Form 2 for the defendant to complete and a notice which—
(a)
(a) informs the defendant that the result of an appeal could be that the Court of Appeal would increase a confiscation order already imposed on him, make a confiscation order itself or direct the Crown Court to hold another confiscation hearing;
(b)
(b) informs the defendant of any right he has under article 6 of the Order to be present at the hearing of the appeal, although he may be in custody:
(c)
(c) invites the defendant to serve notice on the registrar if he wishes—
(i) to apply to the Court of Appeal for leave to be present at proceedings for which leave is required under article 6 of the Order; or
(ii) to present any argument to the Court of Appeal on the hearing of the application or, if leave is given, the appeal, and whether he wishes to present it in person or by means of a legal representative;
(d)
(d) draws to the defendant’s attention the effect of rule 16 (supply of documentary and other exhibits); and
(e)
(e) advises the defendant to consult a solicitor as soon as possible.
(3) The appellant must provide the appropriate officer of the Crown Court with a certificate of service stating that he has served the notice of appeal on the defendant in accordance with paragraph (2) or explaining why he has been unable to effect service.
Respondent’s notice
4.—(1) This rule applies where a defendant is served with a notice of appeal under rule 3.
(2) If the defendant wishes to oppose the application for leave to appeal, he must, not later than 14 days after the date on which he received the notice of appeal, serve on the registrar and on the appellant a notice in Form 2—
(a)
(a) stating the date on which he received the notice of appeal;
(b)
(b) summarising his response to the arguments of the appellant; and
(c)
(c) specifying the authorities which he intends to cite.
(3) The time for giving notice under this rule may be extended by the registrar, a single judge or by the Court of Appeal.
(4) Where the registrar refuses an application under paragraph (3) for the extension of time, the defendant shall be entitled to have his application determined by a single judge.
(5) Where a single judge refuses an application under paragraph (3) or (4) for the extension of time, the defendant shall be entitled to have his application determined by the Court of Appeal.
Amendment and abandonment of appeal
5.—(1) The appellant may amend a notice of appeal served under rule 3 or abandon an appeal under section 31 of the 2002 Act—
(a)
(a) without the permission of the Court at any time before the Court of Appeal have begun hearing the appeal; and
(b)
(b) with the permission of the Court after the Court of Appeal have begun hearing the appeal,
by serving notice in writing on the registrar.
(2) Where the appellant serves a notice abandoning an appeal under paragraph (1), he must send a copy of it to—
(a)
(a) the defendant;
(b)
(b) the proper officer of the court of trial; and
(c)
(c) the magistrates' court responsible for enforcing any confiscation order which the Crown Court has made.
(3) Where the appellant serves a notice amending a notice of appeal under paragraph (1), he must send a copy of it to the defendant.
(4) Where an appeal is abandoned under paragraph (1), the application for leave to appeal or appeal shall be treated, for the purposes of section 85 of the 2002 Act, as having been refused or dismissed by the Court of Appeal.
PART III
Provisions applicable only to appeals under section 43 or 65 of the 2002 Act
Leave to appeal
6.—(1) Leave to appeal to the Court of Appeal under section 43 or section 65 of the 2002 Act will only be given where—
(a)
(a) the Court of Appeal considers that the appeal would have a real prospect of success; or
(b)
(b) there is some other compelling reason why the appeal should be heard.
(2) An order giving leave may limit the issues to be heard and be made subject to conditions.
Notice of appeal
7.—(1) Where an appellant wishes to apply to the Court of Appeal for leave to appeal under section 43 or 65 of the 2002 Act, he must serve a notice of appeal in Form 3 on the appropriate officer of the Crown Court.
(2) Unless the registrar, a single judge or the Court of Appeal directs otherwise, the appellant must serve the notice of appeal, accompanied by a respondent’s notice in Form 4 for the respondent to complete, on—
(a)
(a) each respondent;
(b)
(b) any person who holds realisable property to which the appeal relates; and
(c)
(c) any other person affected by the appeal,
as soon as practicable and in any event not later than 7 days after the notice of appeal is served on the appropriate officer of the Crown Court.
(3) The appellant must serve the following documents with his notice of appeal—
(a)
(a) four additional copies of the notice of appeal for the Court of Appeal;
(b)
(b) four copies of any skeleton argument;
(c)
(c) one sealed copy and four unsealed copies of any order being appealed;
(d)
(d) four copies of any witness statement or affidavit in support of the application for leave to appeal;
(e)
(e) four copies of a suitable record of the reasons for judgment of the Crown Court;
(f)
(f) four copies of the bundle of documents used in the Crown Court proceedings from which the appeal lies.
(4) Where it is not possible to serve all of the documents referred to in paragraph (3), the appellant must indicate which documents have not yet been served and the reasons why they are not currently available.
(5) The appellant must provide the appropriate officer of the Crown Court with a certificate of service stating that he has served the notice of appeal on each respondent in accordance with paragraph (2) and including full details of each respondent or explaining why he has been unable to effect service.
Respondent’s notice
8.—(1) This rule applies to an appeal under section 43 or 65 of the 2002 Act.
(2) A respondent may serve a respondent’s notice on the registrar.
(3) A respondent who—
(a)
(a) is seeking leave to appeal from the Court of Appeal; or
(b)
(b) wishes to ask the Court of Appeal to uphold the decision of the Crown Court for reasons different from or additional to those given by the Crown Court,
must serve a respondent’s notice on the registrar.
(4) A respondent’s notice must be in Form 4 and where the respondent seeks leave to appeal to the Court of Appeal it must be requested in the respondent’s notice.
(5) A respondent’s notice must be served on the registrar not later than 14 days after—
(a)
(a) the date the respondent is served with notification that the Court of Appeal has given the appellant leave to appeal; or
(b)
(b) the date the respondent is served with notification that the application for leave to appeal and the appeal itself are to be heard together.
(6) Unless the registrar, a single judge or the Court of Appeal directs otherwise, the respondent serving a respondent’s notice must serve the notice on the appellant and any other respondent—
(a)
(a) as soon as practicable; and
(b)
(b) in any event not later than 7 days,
after it is served on the registrar.
Amendment and abandonment of appeal
9.—(1) The appellant may amend a notice of appeal served under rule 7 or abandon an appeal under section 43 or 65 of the 2002 Act—
(a)
(a) without the permission of the Court at any time...
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