The Crown Court (Confiscation, Restraint and Receivership) Rules 2003

PART I introduction

Citation and commencement

1.  These Rules may be cited as the Crown Court (Confiscation, Restraint and Receivership) Rules 2003 and shall come into force on 24th March 2003.

Interpretation

2.  In these Rules—

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

(b) “business day” means any day other than—

(i) a Saturday, Sunday, Christmas Day or Good Friday; or

(ii) a bank holiday under the Banking and Financial Dealings Act 1971(1), in England and Wales;

(c) “court officer” means a member of the Crown Court staff;

(d) “document” means anything in which information of any description is recorded;

(e) “hearsay evidence” means evidence consisting of hearsay within the meaning of section 1(2) of the Civil Evidence Act 1995(2);

(f) “restraint proceedings” means proceedings under sections 42 and 58(2) and (3) of the Act;

(g) “receivership proceedings” means proceedings under sections 48, 49, 50, 51, 52, 53, 54(4), 56(4), 59(2) and (3), 60(2) and (3), 62 and 63 of the Act;

(h) “witness statement” means a written statement signed by a person which contains the evidence, and only that evidence, which that person would be allowed to give orally;

(i) words and expressions used have the same meaning as in Part 2 of the Act.

3.—(1) This rule shows how to calculate any period of time for doing any act which is specified by these Rules for the purposes of any proceedings under Part 2 of the Act or by an order of the Crown Court in restraint proceedings or receivership proceedings.

(2) A period of time expressed as a number of days shall be computed as clear days.

(3) In this rule “clear days” means that in computing the number of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs are not included.

(4) Where the specified period is 5 days or less and includes a day which is not a business day that day does not count.

4.  When the period specified by these Rules or by an order of the Crown Court under Part 2 of the Act for doing any act at the court office falls on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open.

(1)

1971 c. 80.

(2)

1995 c. 38.