The Criminal Procedure (Amendment) Rules 2022

Amendments to the Criminal Procedure Rules

10.  In Part 33 (Confiscation and related proceedings), in rule 33.47 (Order for costs)—

(a) renumber paragraphs (2) to (7) as (4) to (9) respectively;

(b) for paragraph (1) substitute—

“(1) This rule authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs in restraint or receivership proceedings.

(2) The court may make such an order—

(a) on application by the party who incurred the costs; or

(b) on its own initiative.

(3) A party who wants the court to make such an order must apply—

(a) during the proceedings; or

(b) as soon as practicable following the conclusion of the proceedings, and in any event within 28 days of that conclusion.”;

(c) in paragraph (4), as renumbered, for “The court” substitute “Where the court is deciding whether to make such an order it”;

(d) in paragraph (8), as renumbered—

(i) for “paragraph (5)(f)” substitute “paragraph (7)(f)”, and

(ii) for “paragraph (5)(a) or (c)” substitute “paragraph (7)(a) or (c)”; and

(e) after paragraph (9), as renumbered, insert—

“(10) The court may extend the time limit under paragraph (3)(b) even after it has expired.”