PART 33CONFISCATION AND RELATED PROCEEDINGS

CONFISCATION PROCEEDINGS

Application for direction about surplus proceeds33.27

1

This rule applies where—

a

on an application under rule 33.25, a magistrates’ court has made an order authorising an officer to realise property;

b

an officer so authorised holds proceeds of that realisation;

c

the confiscation order has been fully paid; and

d

the officer, or a person who had or has an interest in the property represented by the proceeds, wants a magistrates’ court or the Crown Court to determine under section 67D of the Proceeds of Crime Act 2002691—

i

to whom the remaining proceeds should be paid, and

ii

in what amount or amounts.

2

Such a person must—

a

apply in writing; and

b

serve the application on—

i

the court officer, and

ii

as appropriate, the officer holding the proceeds, or any person to whom such proceeds might be paid.

3

The application must—

a

specify the property which was realised;

b

explain the applicant’s entitlement to apply;

c

describe the distribution proposed by the applicant and explain why that is proposed;

d

attach any material on which the applicant relies; and

e

ask for a hearing, if the applicant wants one, and explain why it is needed.

4

A person who wants to make representations about the application must—

a

serve the representations on—

i

the court officer,

ii

the applicant, and

iii

any other person to whom proceeds might be paid;

b

do so as soon as reasonably practicable after service of the application;

c

attach any material on which that person relies; and

d

ask for a hearing, if that person wants one, and explain why it is needed.

5

The court—

a

must not determine the application unless the applicant and each person on whom it was served—

i

is present, or

ii

has had an opportunity to attend or to make representations;

b

subject to that, may determine the application—

i

at a hearing (which must be in private unless the court otherwise directs), or without a hearing,

ii

in the absence of any party to the application.

[Note. Under section 67D of the Proceeds of Crime Act 2002, a magistrates’ court or the Crown Court may determine to whom, and in what proportions, any surplus proceeds of realisation must be distributed. Once a magistrates’ court has made such a determination, the Crown Court may not do so, and vice versa.]