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(This note is not part of the Rules)
These Rules make provision as to procedure in the criminal division of the Court of Appeal for the purposes of three new appeals introduced by the Proceeds of Crime Act 2002 (“the 2002 Act”).
The first is an appeal under section 31 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 33 of the 2002 Act) by the prosecutor or Director of the Assets Recovery Agency against a confiscation order or a failure of the Crown Court to make a confiscation order. The second is an appeal under section 43 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 44 of the 2002 Act) in respect of decisions of the Crown Court about restraint orders. The third is an appeal under section 65 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 66 of the 2002 Act) in respect of decisions of the Crown Court about receivers.
All three appeals are to be heard in the criminal division of the Court of Appeal by virtue of section 89(2) of the 2002 Act.
Part I of these Rules makes introductory provision. Part II deals with appeals under section 31 of the 2002 Act. Part III deals with appeals under sections 43 and 65 of the 2002 Act. Part IV makes general provision.
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