http://www.legislation.gov.uk/id/uksi/2003/82

http://www.legislation.gov.uk/uksi/2003/82/article/3/made

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

Courts of law

UK Parliament

Crime

Hearings

Witnesses

King's Printer of Acts of Parliament

2017-06-12

PROCEEDS OF CRIME

This Order makes provision corresponding to provision in the Criminal Appeal Act 1968 (“the 1968 Act”) with modifications 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.

Pt. 3 heading

art. 3(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

The Constitutional Reform Act 2005 (Consequential Amendments) Order 2011

art. 11 heading

art. 3(3)(a)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

The Constitutional Reform Act 2005 (Consequential Amendments) Order 2011

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 3(2)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 4

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 3(3)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 5

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 6(3)-(7)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 7

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 8(1)(ca)

(cb)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 9(b)

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 9(1)(aa)

(ab)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 10(b)

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 10A-10C

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 12

art. 1(2)

PART 2—APPEALS TO COURT OF APPEAL

Initiating procedure3

1

A person who wishes to obtain the leave of the Court of Appeal to appeal to the Court of Appeal under Part 2 of the Act shall give notice of application for leave to appeal, in such manner as may be directed by rules of court.

2

Notice of application for leave to appeal shall be given within—

a

28 days from the date of the decision appealed against, in the case of an appeal under section 31 of the Act; or

b

14 days from the date of the decision appealed against, in the case of an appeal under section 43 or 65 of the Act.

3

The time for giving notice under this article may be extended by the Court of Appeal.