33.15.—(1) This rule applies where the prosecutor wants the court, in view of fresh evidence—
(a)to consider making a confiscation order where the defendant was convicted but no such order was considered;
(b)to reconsider a decision that the defendant had not benefited from criminal conduct;
(c)to reconsider a decision about the amount of the defendant’s benefit.
(2) The application must be in writing and give details of—
(a)the name of the defendant;
(b)the date on which and the place where any relevant conviction occurred;
(c)the date on which and the place where any relevant confiscation order was made or varied;
(d)any slavery and trafficking reparation order made by virtue of any relevant confiscation order;
(e)the grounds for the application; and
(f)an indication of the evidence available to support the application.
(3) The application must be served on the court officer.
(4) The application must be served on the defendant at least 7 days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.
[Note. See sections 19, 20 and 21 of the Proceeds of Crime Act 2002(1) and section 10 of the Modern Slavery Act 2015(2).]
2002 c. 29; sections 19, 20 and 21 were amended by section 74(2) of, and paragraph 1 and paragraphs 8, 9 and 10 respectively, of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Sections 19 and 20 are further amended by paragraphs 16 and 17 of Schedule 5 to the Modern Slavery Act 2015 (c. 30), with effect from a date to be appointed.
2015 c. 30; section 10 comes into force on a date to be appointed.