EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Crown Court Rules (Northern Ireland) 1979 (S.R. 1979 No. 90) to take account of amendments made to the Proceeds of Crime Act 2002 (“the 2002 Act”) by the Serious Crime Act 2015 by—

  • inserting new rule 76A to make provision for applications for a compliance order under new section 163A of the 2002 Act;

  • inserting new rule 76B to make provision for applications for discharge or variation of a compliance order;

  • amending rule 83 to take account of the amendment to section 173 of the 2002 Act whereby the prosecutor is included in the list of persons who may make an application for variation of a confiscation order on the ground of inadequacy of available amount; and

  • amending rule 84 to cover applications under new section 175A of the 2002 Act for discharge of a confiscation order where recovery from the estate of a deceased defendant is impractical.