Application for increase in term of imprisonment in default
33.21.—(1) This rule applies where—
(a)a court varies a confiscation order; and
(b)the prosecutor wants the court in consequence to increase the term of imprisonment to be served in default of payment.
(2) The application must be made in writing and give details of—
(a)the name and address of the defendant;
(b)the confiscation order;
(c)the grounds for the application; and
(d)the enforcement measures taken, if any.
(3) On receipt of the application, the court officer must—
(a)at once, send to the defendant and any other court responsible for enforcing the order, a copy of the application; and
(b)fix a time, date and place for the hearing and notify the applicant and the defendant of that time, date and place.
(4) If the court makes an order increasing the term of imprisonment in default, the court officer must, at once, send a copy of the order to—
(a)the applicant;
(b)the defendant;
(c)where the defendant is in custody at the time of the making of the order, the person having custody of the defendant; and
(d)any other court responsible for enforcing the order.
[Note. See section 39(5) of the Proceeds of Crime Act 2002(1).]
2002 c. 29; section 39(5) was amended by section 74(2) of, and paragraphs 1 and 21(2) of Schedule 8 to, the Serious Crime Act 2007 (c. 27).