Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2016

Amendment of Chapter 37AA of the Criminal Procedure Rules 1996

3.—(1) Chapter 37AA (proceedings under the Proceeds of Crime Act 2002) of the Criminal Procedure Rules 1996(1) is amended in accordance with this paragraph.

(2) For rule 37AA.1 (interpretation of this Chapter)(2), substitute—

“Interpretation of this Chapter

37AA.1.   In this Chapter—

“the Act of 2002” means the Proceeds of Crime Act 2002(3);

“the 2014 Regulations” means the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014(4);

“compliance order” has the meaning given by section 97B(2) of the Act of 2002(5).”.

(3) After rule 37AA.2 (confiscation orders)(6), insert—

“Confiscation orders: certification

37AA.2A.— (1) A request by the prosecutor for a certificate under paragraph 7(1) of Schedule 1 to the 2014 Regulations must—

(a) be made by minute prior to the making of a domestic confiscation order;

(b) set out why the prosecutor considers that the property to which the application relates—

(i) was used or was intended to be used for the purposes of an offence; or

(ii) is the proceeds of an offence;

(c) contain the specified information.

(2) Where the court issues a certificate, it must—

(a) do so in the form annexed to Council Framework Decision 2006/783/JHA of 6th October 2006 on the application of the principle of mutual recognition to confiscation orders(7);

(b) provide in the domestic confiscation order for notice to be given in accordance with paragraph 7(4) of Schedule 1 to the 2014 Regulations.

(3) In this rule, “domestic confiscation order” and “specified information” have the meanings given by paragraph 1 of Schedule 1 to the 2014 Regulations.”.

(4) After rule 37AA.2A (confiscation orders: certification) as so inserted, insert—

“Compliance orders

37AA.2B.— (1) An application by the prosecutor for a compliance order is to be made in Form 37AA.2B–A.

(2) When an application is lodged, the court must—

(a) order intimation of the application to the accused;

(b) appoint a hearing on the application.

(3) A compliance order is to be in Form 37AA.2B–B.

Compliance orders: discharge and variation

37AA.2C.— (1) An application to discharge or vary a compliance order is to be made in Form 37AA.2C–A.

(2) When an application is lodged, the court must—

(a) order intimation of the application to—

(i) the prosecutor, where the application is made by the accused;

(ii) the accused, where the application is made by the prosecutor;

(b) appoint a hearing on the application.

(3) Where the court discharges or varies a compliance order, it is to do so in Form 37AA.2C–B.

(4) An appeal under section 97D of the Act of 2002 is to be made by lodging a note of appeal in Form 37AA.2C–C.

(5) When an appeal is lodged, the court must—

(a) order intimation of the application to—

(i) the prosecutor, where the accused is the appellant;

(ii) the accused, where the prosecutor is the appellant;

(b) appoint a hearing on the appeal.

Compliance orders: breach

37AA.2D.— (1) Where the prosecutor considers that an accused who is subject to a compliance order has failed to comply with it, the prosecutor must notify the court.

(2) That notification is to be given in Form 37AA.2D–A.

(3) A citation under section 97C(2)(b) of the Act of 2002 is to be in Form 37AA.2D–B.

(4) Where the court revokes or varies a compliance order under section 97C(6) or (7), it is to do so in Form 37AA.2D-C.”.

(5) In rule 37AA.9 (hearings)(8)—

(a) after paragraph (a) insert—

“(aa) 37AA.2A (confiscation orders: certification);”;

(b) after paragraph (aa) as so inserted, insert—

“(ab) 37AA.2B (compliance orders);

(ac) 37AA.2C(1) (compliance orders: discharge and variation applications);

(ad) 37AA.2C(4) (compliance orders: discharge and variation appeals);”.

(1)

Chapter 37AA was inserted by S.S.I. 2003/120 and last amended by S.S.I. 2009/244.

(2)

Rule 37AA.1 was inserted by S.S.I. 2003/120.

(3)

2002 c. 29. The Act was relevantly amended by the Serious Crime Act 2015 (c. 9), Schedule 4, paragraph 35.

(4)

S.I. 2014/3141.

(5)

2002 c. 29. Section 97B(2) was inserted by the Serious Crime Act 2015 (c.9), section 16.

(6)

Rule 37AA.2 was inserted by S.S.I. 2003/120 and amended by S.S.I. 2009/244.

(7)

OJ No. L 328, 24.11.2006, p. 59.

(8)

Rule 33AA.9 was inserted by S.S.I. 2003/120 and amended by S.S.I. 2003/468.