The Civil Procedure Rules 1998

Application for restraint order [F1 and domestic freezing order certificate] E+W

Rule 26—(1) An application for a restraint order [F2 and, where relevant, a domestic freezing order certificate under paragraphs 5 and 11B] of Schedule 4 may be made by the prosecutor by a claim form, which need not be served on any person.

(2) An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall:—

[F3 (a) state, as the case may be, either—

(i) that proceedings have been instituted against a person for an offence under any of sections 15 to 18 of the Act and that they have not been concluded; or

(ii) that a criminal investigation has been started in England and Wales with regard to such an offence,

and in either case give details of the alleged or suspected offence and of the defendant’s involvement;]

(b) [F4 where proceedings have been instituted,] state, as the case may be, that a forfeiture order has been made in the proceedings or the grounds for believing that such an order may be made;

[F5 (ba) where proceedings have not been instituted—

(i) indicate the state of progress of the investigation and when it is anticipated that a decision will be taken on whether to institute proceedings against the defendant;

(ii) state the grounds for believing that a forfeiture order may be made in any proceedings against the defendant; and

(iii) verify that the prosecutor is to have the conduct of any such proceedings;]

(c) to the best of the witness’s ability, give full particulars of the property in respect of which [F6 the restraint order and, where relevant, the domestic freezing order certificate] is sought and specify the person or persons holding such property and any other persons having an interest in it[F7 .]

F8 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (2A) An applicant who seeks a domestic freezing order certificate must—

(a) prepare a draft of the certificate in accordance with paragraph 11B of Schedule 4; and

(b) attach it to the application for the restraint order under paragraph (1).]

(3) A claim form under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

(4) Unless the [F10 court] otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Textual Amendments

F1 Words in Sch. 1 RSC Order 115 rule 26 heading inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(4)

F2 Words in Sch. 1 RSC Order 115 rule 26(1) substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(a)

F3 Sch. 1 RSC Order 115 rule 26(2)(a) substituted (20.12.2001) by The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(b)(i)

F4 Words in Sch. 1 RSC Order 115 rule 26(2)(b) inserted (20.12.2001) by The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(b)(ii)

F5 Sch. 1 RSC Order 115 rule 26(2)(ba) inserted (20.12.2001) by The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(b)(iii)

F6 Words in Sch. 1 RSC Order 115 rule 26(2)(c) substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(b)(i)

F7 Sch. 1 RSC Order 115 rule 26(2)(c): semicolon substituted for full stop (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(b)(ii)

F8 Sch. 1 RSC Order 115 rule 26(2)(d)(e) omitted (20.12.2001) by virtue of The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(b)(iv)

F9 Sch. 1 RSC Order 115 rule 26(2A) inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(c)

F10 Word in Sch. 1 RSC Order 115 rule 26(4) substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(d)