Application for discharge of confiscation order made against an absconder
58.8.—(1) This rule applies if the defendant makes an application under section 30 of the Proceeds of Crime Act 2002 for the discharge of a confiscation order.
(2) The application must be in writing and supported by a witness statement which must give details of—
(a)the confiscation order made under section 28 of the 2002 Act;
(b)the date on which the defendant ceased to be an absconder;
(c)the acquittal of the defendant if he has been acquitted of the offence concerned; and
(d)if the defendant has not been acquitted of the offence concerned—
(i)the date on which the defendant ceased to be an absconder,
(ii)the date on which the proceedings taken against the defendant were instituted and a summary of steps taken in the proceedings since then, and
(iii)any indication given by the prosecutor that he does not intend to proceed against the defendant.
(3) The application and witness statement must be lodged with the Crown Court.
(4) The application and witness statement must be served on the prosecutor at least seven days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.
(5) If the Crown Court orders the discharge of the confiscation order, the court must serve notice on the magistrates’ court responsible for enforcing the order.