Rule 23
| Contents of this Part | |
|---|---|
| Account monitoring orders under the Terrorism Act 2000 and the Proceeds of Crime Act 2002 | rule 62.1 |
| Customer information orders under the Proceeds of Crime Act 2002 | rule 62.2 |
| Proof of identity and accreditation | rule 62.3 |
62.1
(1) Where a circuit judge makes an account monitoring order under paragraph 2(1) of Schedule 6A to the Terrorism Act 2000(50) the court officer shall give a copy of the order to the financial institution specified in the application for the order.
(2) Where any person other than the person who applied for the account monitoring order proposes to make an application under paragraph 4(1) of Schedule 6A to the 2000 Act or section 375(2) of the Proceeds of Crime Act 2002(51) for the discharge or variation of an account monitoring order, he shall give a copy of the proposed application, not later than 48 hours before the application is to be made—
(a) to a police officer at the police station specified in the account monitoring order; or
(b) where the application for the account monitoring order was made under the 2002 Act and was not made by a constable, to the office of the appropriate officer who made the application, as specified in the account monitoring order,
in either case together with a notice indicating the time and place at which the application for discharge or variation is to be made.
(3) In this rule—
“appropriate officer” has the meaning given to it by section 378 of the 2002 Act(52); and
references to the person who applied for an account monitoring order must be construed in accordance with section 375(4) and (5) of the 2002 Act(53).
[Note. Formerly rule 25C of The Crown Court Rules 1982(54).]
62.2
(1) Where any person other than the person who applied for the customer information order proposes to make an application under section 369(3) of the Proceeds of Crime Act 2002 for the discharge or variation of a customer information order, he shall, not later than 48 hours before the application is to be made, give a copy of the proposed application—
(a) to a police officer at the police station specified in the customer information order; or
(b) where the application for the customer information order was not made by a constable, to the office of the appropriate officer who made the application, as specified in the customer information order,
in either case together with a notice indicating the time and place at which the application for a discharge or variation is to be made.
(2) In this rule—
“appropriate officer” has the meaning given to it by section 378 of the 2002 Act; and
references to the person who applied for the customer information order must be construed in accordance with section 369(5) and (6) of the 2002 Act(55).
[Note. Formerly rule 25D of The Crown Court Rules 1982.]
62.3
(1) This rule applies where—
(a) an appropriate officer makes an application under section 345(56) (production orders), section 363(57) (customer information orders) or section 370(58) (account monitoring orders) of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation or a money laundering investigation; or
(b) a prosecutor makes an application under section 357(59) of the 2002 Act (disclosure orders) for the purposes of a confiscation investigation.
(2) Subject to sections 449(60) and 449A(61) of the 2002 Act (which make provision for a member of—
(a) the Serious Organised Crime Agency’s staff; and
(b) the staff of the relevant Director,
to use pseudonyms),
the appropriate officer or an authorised person, as the case may be, must provide the judge with proof of his identity and, if he is an accredited financial investigator, his accreditation under section 3 of the 2002 Act(62).
(3) In this rule—
“appropriate officer” has the meaning given to it by section 378 of the 2002 Act; and
“confiscation investigation” and “money laundering investigation” have the meanings given to them by section 341 of the 2002 Act(63).
[Note. This rule derives in part from rule 25E of The Crown Court Rules 1982. For applications to discharge or vary a production order see also Part 56.4.]”
Rule 32
| Contents of this Part | |
|---|---|
| Extension of time | rule 71.1 |
| Other applications | rule 71.2 |
| Examination of witness by court | rule 71.3 |
| Supply of documentary and other exhibits | rule 71.4 |
| Registrar’s power to require information from court of trial | rule 71.5 |
| Hearing by single judge | rule 71.6 |
| Determination by full court | rule 71.7 |
| Notice of determination | rule 71.8 |
| Record of proceedings and transcripts | rule 71.9 |
| Appeal to House of Lords | rule 71.10 |
71.1
(1) An application to extend the time limit for giving notice of application for leave to appeal under Part 2 of the Proceeds of Crime Act 2002(64) must—
(a) be included in the notice of appeal; and
(b) state the grounds for the application.
(2) The parties may not agree to extend any date or time limit set by this Part, Part 72 or Part 73, or by The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003(65).
[Note. Formerly rule 13 of The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003(66).]
71.2 Rule 68.3(2)(h) (form of appeal notice) applies in relation to an application—
(a) by a party to an appeal under Part 2 of the Proceeds of Crime Act 2002 that, under article 7 of The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003, a witness be ordered to attend or that the evidence of a witness be received by the Court of Appeal; or
(b) by the defendant to be given leave by the court to be present at proceedings for which leave is required under article 6 of the 2003 Order,
as it applies in relation to applications under Part I of the Criminal Appeal Act 1968(67) and the form in which rule 68.3 requires notice to be given may be modified as necessary.
[Note. This rule derives from rule 14 of the Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003.]
71.3 Rule 65.7 (notice of hearings and decisions) applies in relation to an order of the court under article 7 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 to require a person to attend for examination as it applies in relation to such an order of the court under Part I of the Criminal Appeal Act 1968.
[Note. This rule derives from rule 15 of The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003.]
71.4 Rule 65.11 (Registrar’s duty to provide copy documents for appeal or reference) applies in relation to an appellant or respondent under Part 2 of the Proceeds of Crime Act 2002 as it applies in relation to an appellant and respondent under Part I of the Criminal Appeal Act 1968.
[Note. This rule derives from rule 16 of The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003.]
71.5 The Registrar may require the Crown Court to provide the Court of Appeal with any assistance or information which they may require for the purposes of exercising their jurisdiction under Part 2 of the Proceeds of Crime Act 2002, The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003, this Part or Parts 72 and 73.
[Note. Formerly rule 17 of The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003.]
71.6 Rule 65.6(4) (hearings) applies in relation to a judge exercising any of the powers referred to in article 8 of The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003(68) or the powers in rules 72.2(3) and (4) (respondent’s notice), 73.2(2) (notice of appeal) and 73.3(6) (respondent’s notice), as it applies in relation to a judge exercising the powers referred to in section 31(2) of the Criminal Appeal Act 1968(69).
[Note. This rule derives from rule 18 of The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003.]
71.7 Rule 65.5 (renewing an application refused by a judge or the registrar) shall apply where a single judge has refused an application by a party to exercise in his favour any of the powers listed in article 8 of The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003, or the power in rule 72.2(3) or (4) as it applies where the judge has refused to exercise the powers referred to in section 31(2) of the Criminal Appeal Act 1968.
[Note. This rule derives from rule 19 of The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003.]
71.8
(1) This rule applies where a single judge or the Court of Appeal has determined an application or appeal under The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 or under Part 2 of the Proceeds of Crime Act 2002.
(2) The Registrar must, as soon as practicable, serve notice of the determination on all of the parties to the proceedings.
(3) Where a single judge or the Court of Appeal has disposed of an application for leave to appeal or an appeal under section 31 of the 2002 Act(70), the registrar must also, as soon as practicable, serve the order on a court officer of the court of trial and any magistrates' court responsible for enforcing any confiscation order which the Crown Court has made.
[Note. Formerly rule 20 of The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003.]
71.9 Rule 65.8(2)(a) and (b) (duty of Crown Court officer—arranging recording of proceedings in Crown Court and arranging transcription) and rule 65.9 (duty of person transcribing proceedings in the Crown Court) apply in relation to proceedings in respect of which an appeal lies to the Court of Appeal under Part 2 of the Proceeds of Crime Act 2002 as they apply in relation to proceedings in respect of which an appeal lies to the Court of Appeal under Part I of the Criminal Appeal Act 1968.
[Note. This rule derives from rule 21 of The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003.]
71.10
(1) An application to the Court of Appeal for leave to appeal to the House of Lords under Part 2 of the Proceeds of Crime Act 2002 must be made—
(a) orally after the decision of the Court of Appeal from which an appeal lies to the House of Lords; or
(b) in the form set out in the Practice Direction, in accordance with article 12 of The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 and served on the Registrar.
(2) The application may be abandoned at any time before it is heard by the Court of Appeal by serving notice in writing on the Registrar.
(3) Rule 65.6(5) (hearings) applies in relation to a single judge exercising any of the powers referred to in article 15 of the 2003 Order, as it applies in relation to a single judge exercising the powers referred to in section 31(2) of the Criminal Appeal Act 1968.
(4) Rule 65.5 (renewing an application refused by a judge or the Registrar) applies where a single judge has refused an application by a party to exercise in his favour any of the powers listed in article 15 of the 2003 Order as they apply where the judge has refused to exercise the powers referred to in section 31(2) of the 1968 Act.
(5) The form in which rule 65.5(2) requires an application to be made may be modified as necessary.
[Note. This rule derives from rule 22 of The Criminal Appeal (Confiscation, Restraint and Receivership) Rules 2003.]”
2000 c. 11; Schedule 6A was inserted by section 3 of, and paragraph 1 of Schedule 2 to, the Anti-Terrorism, Crime and Security Act 2001 (c. 24). Back [50]
2002 c. 29; section 378 was amended by section 74(2) of, and paragraph 116 of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Back [52]
2002 c. 29; section 375(4) was amended by section 74(2) of, and paragraph 112 of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Back [53]
S.I. 1982/1109; amended by S.I. 2001/4012 and S.I. 2003/422. Back [54]
2002 c. 29; section 369(5) was amended by section 74(2) of, and paragraph 111 of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Back [55]
2002 c. 29; section 345 is to be amended by section 75(2) of the Serious Crime Act 2007 (c. 27), with effect from 6th April 2008. Back [56]
2002 c. 29; section 363 is to be amended by section 77 of, and paragraph 11 of Schedule 10 to, the Serious Crime Act 2007 (c. 27), with effect from 6th April 2008. Back [57]
2002 c. 29; section 370 is to be amended by section 77 of, and paragraph 12 of Schedule 10 to, the Serious Crime Act 2007 (c. 27), with effect from 6th April 2008. Back [58]
2002 c. 29; section 357 was amended by section 77 of, and paragraph 10 of Schedule 10 to, the Serious Crime Act 2007 (c. 27). Back [59]
2002 c. 29; section 449 was amended by section 74 of, and paragraphs 121 and 140 of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Back [60]
2002 c. 29; section 449A was inserted by section 74 of, and paragraphs 103 and 118 of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Back [61]
2002 c. 29; section 3 was amended by section 74 of, and paragraph 120 of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Back [62]
2002 c. 29; section 341 was amended by section 75 of the Serious Crime Act 2007 (c. 27). Back [63]
2002 c. 29; section 31 was amended by section 74 of, and paragraph 16 of Schedule 8 to, the Serious Crime Act 2007 (c. 27) and section 33 was amended by section 74 of, and paragraph 17 of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Section 33 is to be amended by section 40 of, and paragraph 77 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), from a date to be appointed. Back [64]
S.I. 2003/82. Back [65]
S.I. 2003/428. Back [66]
1968 c. 19. Back [67]
S.I. 2003/82. Back [68]
1968 c. 19; section 31 was amended by section 21 of, and Schedule 2 to, the Costs in Criminal Cases Act 1973 (c. 14), section 29 of the Criminal Justice Act 1982 (c. 48), section 170 of, and paragraphs 20 and 29 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 87 of the Courts Act 2003 (c. 39) and section 48 of the Police and Justice Act 2006 (c. 48). Back [69]
2002 c. 29; section 31 was amended by section 74(2) of, and paragraph 16 of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Back [70]