The Magistrates' Courts (Amendment) (No. 2) Rules 1995

2.  For rule 104A of the Magistrates' Courts Rules 1981(1) (“the 1981 Rules”) there shall be substituted the following rule—

“Statements etc, relevant to making confiscation orders under the Criminal Justice Act 1988

104A.— (1) When, in any proceedings in respect of an offence listed in Schedule 4 to the Criminal Justice Act 1988(2), the prosecutor or the defendant tenders to a magistrates' court any statement or other document under section 73 of the said Act of 1988 he must serve a copy thereof as soon as practicable on the defendant or the prosecutor, as the case may be.

(2) Any statement tendered to the magistrates' court by the prosecutor under section 73 of the said Act of 1988 shall include the following particulars, namely—

(a) the name of the defendant;

(b) the name of the person by whom the statement is made and the date on which it was made;

(c) where the statement is not tendered immediately after the defendant has been convicted, the date on which and the place where the relevant conviction occurred;

(d) such information known to the prosecutor as is relevant to the determination as to whether or not the defendant has benefited from relevant criminal conduct and to the assessment of the value of his benefit from such conduct.

(3) Where, in accordance with section 73(1C) of the said Act of 1988, the defendant indicates the extent to which he accepts any allegation contained within the prosecutor’s statement, if he indicates the same in writing to the prosecutor, he must serve a copy of that reply on the clerk of the magistrates' court.”.

(1)

S.I. 1981/552; relevant amending instruments are S.I 1989/300, 1993/1183 and 1994/3154.

(2)

1988 c. 33; section 73 was amended by section 3 of the Proceeds of Crime Act 1995 and sections 74A, 74B and 74C were inserted by, respectively, sections 5, 6 and 7 of that Act.