Crown Court (Confiscation, Restraint and Receivership) Rules 2003

JurisdictionUK Non-devolved
CitationSI 2003/421
Year2003

2003 No. 421 (L. 7)

SUPREME COURT OF ENGLAND AND WALES

The Crown Court (Confiscation, Restraint and Receivership) Rules 2003

Made 20th February 2003

Laid before Parliament 27th February 2003

Coming into force 24th March 2003

We, the Crown Court Rule Committee, in exercise of the powers conferred upon us by sections 52, 84(1), (5A) and (6), and 86 of the Supreme Court Act 19811and sections 91 and 446 of the Proceeds of Crime Act 20022, hereby make the following Rules:

1 introduction

PART I

introduction

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Rules may be cited as the Crown Court (Confiscation, Restraint and Receivership) Rules 2003 and shall come into force on 24th March 2003.

Interpretation

Interpretation

S-2 In these Rules— “ the Act ” means the Proceeds of Crime Act...

2. In these Rules—

(a) “the Act” means the Proceeds of Crime Act 2002;

(b) “business day” means any day other than—

(i) a Saturday, Sunday, Christmas Day or Good Friday; or

(ii) a bank holiday under the Banking and Financial Dealings Act 19713, in England and Wales;

(c) “court officer” means a member of the Crown Court staff;

(d) “document” means anything in which information of any description is recorded;

(e) “hearsay evidence” means evidence consisting of hearsay within the meaning of section 1(2) of the Civil Evidence Act 19954;

(f) “restraint proceedings” means proceedings under sections 42 and 58(2) and (3) of the Act;

(g) “receivership proceedings” means proceedings under sections 48, 49, 50, 51, 52, 53, 54(4), 56(4), 59(2) and (3), 60(2) and (3), 62 and 63 of the Act;

(h) “witness statement” means a written statement signed by a person which contains the evidence, and only that evidence, which that person would be allowed to give orally;

(i) words and expressions used have the same meaning as in Part 2 of the Act.

S-3 This rule shows how to calculate any period of time for doing...

3.—(1) This rule shows how to calculate any period of time for doing any act which is specified by these Rules for the purposes of any proceedings under Part 2 of the Act or by an order of the Crown Court in restraint proceedings or receivership proceedings.

(2) A period of time expressed as a number of days shall be computed as clear days.

(3) In this rule “clear days” means that in computing the number of days—

(a)

(a) the day on which the period begins; and

(b)

(b) if the end of the period is defined by reference to an event, the day on which that event occurs are not included.

(4) Where the specified period is 5 days or less and includes a day which is not a business day that day does not count.

S-4 When the period specified by these Rules or by an order of the...

4. When the period specified by these Rules or by an order of the Crown Court under Part 2 of the Act for doing any act at the court office falls on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open.

2 confiscation proceedings

PART II

confiscation proceedings

Statements in connection with confiscation orders
S-5 Statements in connection with confiscation orders

Statements in connection with confiscation orders

5.—(1) When the prosecutor or the Director is required, under section 16 of the Act, to give a statement to the Crown Court, the prosecutor or the Director, as the case may be, must also, as soon as practicable, serve a copy of the statement on the defendant.

(2) Any statement given to the Crown Court by the prosecutor or the Director under section 16 of the Act must, in addition to the information required by the Act, include the following information—

(a)

(a) the name of the defendant;

(b)

(b) the name of the person by whom the statement is made and the date on which it is made;

(c)

(c) where the statement is not given to the Crown Court immediately after the defendant has been convicted, the date on which and the place where the relevant conviction occurred.

(3) Where, under section 17 of the Act, the Crown Court orders the defendant to indicate the extent to which he accepts each allegation in a statement given by the prosecutor or the Director, the defendant must indicate this in writing to the prosecutor or the Director (as the case may be) and must give a copy to the Crown Court.

(4) Where the Crown Court orders the defendant to give to it any information under section 18 of the Act, the defendant must provide the information in writing and must, as soon as practicable, serve a copy of it on—

(a)

(a) the prosecutor, if the prosecutor asked the court to proceed under section 6 of the Act; or

(b)

(b) the Director, if the Director asked the court to proceed under section 6 of the Act.

Postponement of confiscation proceedings
S-6 Postponement of confiscation proceedings

Postponement of confiscation proceedings

6. The Crown Court may grant a postponement under section 14(1)(b) of the Act without a hearing.

Application for reconsideration of decision to make confiscation order or benefit assessed for purposes of confiscation order
S-7 Application for reconsideration of decision to make confiscation order or benefit assessed for purposes of confiscation order

Application for reconsideration of decision to make confiscation order or benefit assessed for purposes of confiscation order

7.—(1) This rule applies where the prosecutor or Director makes an application under section 19, 20 or 21 of the Act.

(2) The application must be in writing and give details of—

(a)

(a) the name of the defendant;

(b)

(b) the date on which and the place where any relevant conviction occurred;

(c)

(c) the date on which and the place where any relevant confiscation order was made or varied;

(d)

(d) the grounds for the application; and

(e)

(e) an indication of the evidence available to support the application.

(3) The application must be lodged with the Crown Court.

(4) The application must be served on the defendant at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

Application for reconsideration of available amount
S-8 Application for reconsideration of available amount

Application for reconsideration of available amount

8.—(1) This rule applies where the prosecutor, the Director or a receiver makes an application under section 22 of the Act for a new calculation of the available amount.

(2) The application must be in writing and may be supported by a witness statement.

(3) The application and any witness statement must be lodged with the Crown Court.

(4) The application and any witness statement must be served on—

(a)

(a) the defendant;

(b)

(b) the receiver, if the prosecutor or the Director is making the application and a receiver has been appointed under section 50 or 52 of the Act; and

(c)

(c) if the receiver is making the application—

(i) the prosecutor; or

(ii) if the Director is appointed as the enforcement authority under section 34 of the Act, the Director,

at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

Variation of confiscation order due to inadequacy of available amount
S-9 Variation of confiscation order due to inadequacy of available amount

Variation of confiscation order due to inadequacy of available amount

9.—(1) This rule applies where the defendant or a receiver makes an application under section 23 of the Act for the variation of a confiscation order.

(2) The application must be in writing and may be supported by a witness statement.

(3) The application and any witness statement must be lodged with the Crown Court.

(4) The application and any witness statement must be served on—

(a)

(a) the prosecutor, or if the Director is appointed as the enforcement authority under section 34, the Director;

(b)

(b) the defendant, if the receiver is making the application; and

(c)

(c) the receiver, if the defendant is making the application and a receiver has been appointed under section 50 or 52 of the Act,

at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

Application by justices' chief executive to discharge confiscation order
S-10 Application by justices' chief executive to discharge confiscation order

Application by justices' chief executive to discharge confiscation order

10.—(1) This rule applies where a justices' chief executive makes an application under section 24 or 25 of the Act for the discharge of a confiscation order.

(2) The application must be in writing and give details of—

(a)

(a) the confiscation order;

(b)

(b) the amount outstanding under the order; and

(c)

(c) the grounds for the application.

(3) The application must be served on—

(a)

(a) the defendant;

(b)

(b) the prosecutor; and

(c)

(c) any receiver appointed under section 50 of the Act.

(4) The Crown Court may determine the application without a hearing unless a person listed in paragraph (3) indicates, within 7 days after the application was served on him, that he would like to make representations.

(5) If the Crown Court makes an order discharging the confiscation order, the court must, at once, send a copy of the order to—

(a)

(a) the justices' chief executive who applied for the order;

(b)

(b) the defendant;

(c)

(c) the prosecutor; and

(d)

(d) any receiver appointed under section 50 of the Act.

Application for variation of confiscation order made against an absconder
S-11 Application for variation of confiscation order made against an absconder

Application for variation of confiscation order made against an absconder

11.—(1) This rule applies where the defendant makes an application under section 29 of the Act for the variation of a confiscation order made against an absconder.

(2) The application must be in writing and supported by a witness statement which must give details of—

(a)

(a) the confiscation order made against an absconder under section 6 of the Act as applied by...

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