The Criminal Procedure Rules 2015

Variation of confiscation order due to inadequacy of available amount

33.17.—(1) This rule applies where the defendant, the prosecutor or a receiver wants the court to vary a confiscation order because the amount available is inadequate.

(2) The application—

(a) must be in writing and may be supported by a witness statement; and

(b) must identify any slavery and trafficking reparation order made by virtue of the confiscation order.

(3) The application and any witness statement must be served on the court officer.

(4) The application and any witness statement must be served on—

(a) the prosecutor;

(b) the defendant, if the receiver is making the application; and

(c) the receiver, if the defendant is making the application and a receiver has been appointed,

at least 7 days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.

[Note. See section 23 of the Proceeds of Crime Act 2002(1) and section 10 of the Modern Slavery Act 2015.]

(1)

2002 c. 29; section 23 was amended by section 74(2) of, and paragraph 12 of Schedule 8 to, the Serious Crime Act 2007 (c. 27) and section 8 of the Serious Crime Act 2015 (c. 9).