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The Criminal Procedure Rules 2005

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Security

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60.5.—(1) This rule applies where the Crown Court appoints a receiver under section 48, 50 or 52 of the Proceeds of Crime Act 2002 and the receiver is not a member of staff of the Assets Recovery Agency, the Crown Prosecution Service or of the Commissioners of Customs and Excise (and it is immaterial whether the receiver is a permanent or temporary member or he is on secondment from elsewhere).

(2) The Crown Court may direct that before the receiver begins to act, or within a specified time, he must either—

(a)give such security as the Crown Court may determine; or

(b)file with the Crown Court and serve on all parties to any receivership proceedings evidence that he already has in force sufficient security,

to cover his liability for his acts and omissions as a receiver.

(3) The Crown Court may terminate the appointment of a receiver if he fails to—

(a)give the security; or

(b)satisfy the court as to the security he has in force, by the date specified.

[Note. Formerly rule 25 of the Crown Court (Confiscation, Restraint and Receivership) Rules 2003.]

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