The Criminal Procedure Rules 2020

When this Section applies E+W

[F1 47.59.]—(1) This Section applies where the Crown Court can extend a moratorium period under section 336A of the Proceeds of Crime Act 2002(1).

(2) In this Section, ‘respondent’ means, as well as a person within the meaning of rule 47.2(c), an ‘interested person’ within the meaning of section 336D of the 2002 Act(2).

[Note. Under section 336A of the Proceeds of Crime Act 2002, the Crown Court may extend a moratorium period under section 335 or section 336 of the Act(3) by up to 31 days beginning with the day after the day on which the period otherwise would end.

Under sections 335 and 336 of the 2002 Act, a moratorium period is the period of 31 days starting with the day on which consent to the doing of an act is refused by a constable, a customs officer or the Director General of the National Crime Agency. The act to which those sections refer is one that would be an offence under section 327, 328 or 329 of the 2002 Act (money laundering offences) but for the making of a disclosure within the meaning of section 338 to such an officer in relation to that act. On the expiry of the moratorium period the person who made the disclosure will be treated as having the relevant officer’s consent to the doing of the act and so will commit no offence by doing it.

The Crown Court may extend a moratorium period more than once, but the total period of extension may not exceed 186 days beginning with the day after the day on which the first 31 day period ended.

Under section 336D(3) of the 2002 Act, ‘interested person’ means the person who made the disclosure and any other person who appears to the person making an application under rule [F2 47.61] to have an interest in the property that is the subject of that disclosure.]

Textual Amendments

F1 Original rule 47.59 omitted and rule 47.62 renumbered as rule 47.59 (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 27(k)(l) (with rule 3)

F2 Word in rule 47.59 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 27(m) (with rule 3)

(1)

2002 c. 29; section 336A was inserted by section 10 of the Criminal Finances Act 2017 (c. 22).

(2)

2002 c. 29; section 336D was inserted by section 10 of the Criminal Finances Act 2017 (c. 22).

(3)

2002 c. 29; section 335 was amended by section 10 of the Criminal Finances Act 2017 (c. 22). Section 336 was amended by paragraphs 168 and 173 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraphs 108 and 133 of Schedule 8 to the Crime and Courts Act 2013 (c .22) and section 10 of the Criminal Finances Act 2017 (c. 22).