The Criminal Procedure Rules 2020

Payment of money held or detained in satisfaction of confiscation order E+W

33.24.—(1) An order under section 67 of the Proceeds of Crime Act 2002(1) requiring the payment of money to a magistrates’ court officer (‘a payment order’) shall—

(a) be directed to—

(i) the [F1 relevant financial institution] concerned, where the money is held in an account maintained with that [F1 relevant financial institution], or

(ii) the person on whose authority the money is detained, in any other case;

(b) name the person against whom the confiscation order has been made;

(c) state the amount which remains to be paid under the confiscation order;

[F2 (d) state the name and address of the relevant financial institution at which the account in which the money ordered to be paid is held and the sort code, if known;]

(e) state the name in which the account in which the money ordered to be paid is held and the account number of that account, if the account number is known;

(f) state the amount which the [F1 relevant financial institution] is required to pay to the court officer under the payment order;

(g) give the name and address of the court officer to whom payment is to be made; and

(h) require the [F1 relevant financial institution] to make payment within a period of [F3 5 business days] beginning on the day on which the payment order is made, unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances.

(2) In this rule ‘confiscation order’ has the meaning given to it by section 88(6) of the Proceeds of Crime Act 2002.

[F4 [Note. Under section 67(8) of the Proceeds of Crime Act 2002, “relevant financial institution” means a bank, a building society, an electronic money institution or a payment institution; “electronic money institution” means an institution or person registered by the Financial Conduct Authority under the Electronic Money Regulations 2011; and “payment institution” means a person registered by that Authority under the Payment Services Regulations 2017.]]

Textual Amendments

F1 Words in rule 33.24(1) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(i)(i)

F2 Rule 33.24(1)(d) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(i)(ii)

F3 Words in rule 33.24 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(c)(viii)

F4 Rule 33.24 Note inserted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(i)(iii)

Commencement Information

I1 Rule 33.24 in force at 5.10.2020, see Preamble

(1)

2002 c. 29; section 67 was amended by section 109 of, and paragraph 409 of Schedule 8 to, the Courts Act 2003 (c. 39), section 74 of, and paragraph 33 of Schedule 8 to, the Serious Crime Act 2007 (c. 27), section 14 of the Serious Crime Act 2015 (c. 9) and section 26 of the Criminal Finances Act 2017 (c. 22).