PART 33CONFISCATION AND RELATED PROCEEDINGS

CONFISCATION PROCEEDINGS

Compensation – confiscation order made against absconder33.23

1

This rule applies where—

a

the court varies or discharges a confiscation order made against an absconder;

b

a person who held realisable property suffered loss as a result of the making of that confiscation order; and

c

that person wants the court to award compensation for that loss.

2

The application must be in writing and supported by a witness statement which must give details of—

a

the confiscation order;

b

the variation or discharge of the confiscation order;

c

the realisable property to which the application relates; and

d

the loss suffered by the applicant as a result of the confiscation order.

3

The application and witness statement must be served on the court officer.

4

The application and witness statement must be served on the prosecutor 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 73 of the Proceeds of Crime Act 2002686.]