The Criminal Procedure Rules 2020

Application for reconsideration

33.15.—(1) This rule applies where the prosecutor wants the court, in view of fresh evidence—

(a) to consider making a confiscation order where the defendant was convicted but no such order was considered;

(b) to reconsider a decision that the defendant had not benefited from criminal conduct; or

(c) to reconsider a decision about the amount of the defendant’s benefit.

(2) The application must—

(a) be in writing and give—

(i) the name of the defendant,

(ii) the date on which and the place where any relevant conviction occurred,

(iii) the date on which and the place where any relevant confiscation order was made or varied,

(iv) details of any slavery and trafficking reparation order made by virtue of any relevant confiscation order,

(v) the grounds for the application, and

(vi) an indication of the evidence available to support the application; and

(b) where the parties are agreed on the terms of the proposed order include, in one or more documents—

(i) a draft order in the terms proposed, and

(ii) evidence of the parties’ agreement.

(3) The application must be served on—

(a) the court officer; and

(b) the defendant.

(4) The court—

(a) may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but

(b) must determine the application at a hearing in any other case.

(5) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than the eighth day after it was served unless the court otherwise directs.

[Note. See sections 19, 20 and 21 of the Proceeds of Crime Act 2002(1) and section 10 of the Modern Slavery Act 2015(2).]

(1)

2002 c. 29; sections 19, 20 and 21 were amended by section 74(2) of, and paragraph 1 and paragraphs 8, 9 and 10 respectively, of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Sections 19 and 20 were further amended by paragraphs 16 and 17 of Schedule 5 to the Modern Slavery Act 2015 (c. 30).

(2)

2015 c. 30.