Proceeds of Crime Act (Appeals under Part 4) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/458
Year2003

2003 No. 458

PROCEEDS OF CRIME

The Proceeds of Crime Act (Appeals under Part 4) Order 2003

Made 2nd March 2003

Laid before Parliament 3rd March 2003

Coming into force 24th March 2003

The Secretary of State, in exercise of the powers conferred on him by sections 237(2), 238 and 459(2) of the Proceeds of Crime Act 20021, hereby makes the following Order:

1 INTRODUCTION

PART 1

INTRODUCTION

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 This Order may be cited as the Proceeds of Crime Act 2002...

1. This Order may be cited as the Proceeds of Crime Act 2002 (Appeals under Part 4) Order 2003 and shall come into force on 24th March 2003.

S-2 In this Order— “ the Act ” means the Proceeds of Crime Act...

2. In this Order—

“the Act” means the Proceeds of Crime Act 2002;

“confiscation hearing” means proceedings before the Crown Court under section 156 of the Act;

“the Master” means the Master (Queens Bench and Appeals);

2 APPEALS TO COURT OF APPEAL

PART 2

APPEALS TO COURT OF APPEAL

Initiating procedure
S-3 Initiating procedure

Initiating procedure

3. A person who wishes to obtain the leave of the Court of Appeal to appeal to the Court of Appeal under Part 4 of the Act, shall give notice of application for leave to appeal.

(2) Notice of application for leave to appeal shall be given within—

(a)

(a) 28 days from the date of the decision appealed against, in the case of an appeal under section 181 of the Act; or

(b)

(b) 14 days from the date of the decision appealed against, in the case of an appeal under section 192 or 213 of the Act.

(3) The time for giving notice under this article may be extended, either before or after it expires, by the Court of Appeal.

Disposal of groundless appeal or application for leave to appeal
S-4 Disposal of groundless appeal or application for leave to appeal

Disposal of groundless appeal or application for leave to appeal

4. If it appears to the Master that a notice of application for leave to appeal to the Court of Appeal under Part 4 of the Act does not show any substantial ground of appeal, he may refer the application for leave to the Court of Appeal for summary determination; and where the case is so referred the Court of Appeal may, if it considers that the application for leave is frivolous or vexatious, and can be determined without adjourning it for a full hearing, dismiss the application for leave summarily, without calling on anyone to attend the hearing.

Preparation of case for hearing
S-5 Preparation of case for hearing

Preparation of case for hearing

5. The Master shall—

(a) take all necessary steps for obtaining a hearing of any application for leave to appeal to the Court of Appeal under Part 4 of the Act of which notice is given to him and which is not referred and dismissed summarily under Article 4;

(b) where an application for leave to appeal to the Court of Appeal under Part 4 of the Act is granted, take all necessary steps for obtaining a hearing of an appeal; and

(c) obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the application for leave to appeal under Part 4 of the Act or the appeal under Part 4 of the Act.

Right of defendant to be present
S-6 Right of defendant to be present

Right of defendant to be present

6.—(1) In the case of any appeal to the Court of Appeal under Part 4 of the Act, if the defendant is a party, he shall be entitled to be present, if he wishes it, on the hearing of the appeal, although he may be in custody.

(2) But if the defendant is in custody, he shall not be entitled to be present—

(a)

(a) where the appeal is on some ground involving a question of law alone; or

(b)

(b) on any proceedings preliminary or incidental to an appeal,

unless the Court of Appeal gives him leave to be present.

Evidence
S-7 Evidence

Evidence

7.—(1) For the purposes of an appeal under Part 4 of the Act the Court of Appeal may, if they think it necessary or expedient in the interests of justice—

(a)

(a) order the production of any documents, exhibit or other thing connected with the proceedings, the production of which appears to them necessary for the determination of the appeal;

(b)

(b) order any witness to attend for examination and be examined before the Court of Appeal; and

(c)

(c) receive any evidence which was not adduced in the confiscation hearing giving rise to the appeal.

(2) The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to—

(a)

(a) whether the evidence appears to the Court to be capable of belief;

(b)

(b) whether it appears to the Court that the evidence may afford any ground for allowing the appeal;

(c)

(c) whether the evidence would have been admissible in the confiscation hearing giving rise to the appeal on an issue which is the subject of the appeal; and

(d)

(d) whether there is a reasonable explanation for the failure to adduce the evidence in the confiscation hearing giving rise to the appeal.

(3) The Court of Appeal may, if it thinks it necessary or expedient in the interests of justice, order the examination of any witness whose attendance might be required under paragraph (1)(b) to be conducted before any judge or other person appointed by the...

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