Application to vary or discharge order for extended detention
33.30.—(1) This rule applies where an officer who is entitled to apply, the prosecutor, or a person affected by an order to which rule 33.29 applies, wants a magistrates’ court to vary or discharge that order, under section 47N of the Proceeds of Crime Act 2002(1).
(2) Such a person must—
(a)apply in writing; and
(b)serve the application on—
(i)the court officer, and
(ii)as appropriate, the applicant for the order, or any person affected by the order.
(3) The application must—
(a)specify the order and the property detained;
(b)explain—
(i)the applicant’s entitlement to apply,
(ii)why it is appropriate for the order to be varied or discharged,
(iii)if applicable, on what grounds the court must discharge the order;
(c)attach any material on which the applicant relies;
(d)if applicable, propose the terms of any variation; 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, and
(ii)the applicant;
(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 47N of the Proceeds of Crime Act 2002, one of the officers listed in section 47M of the Act, the prosecutor, or a person affected by an order under section 47M, may apply to a magistrates’ court for the order to be varied or discharged. Section 47N(3) lists the circumstances in which the court must discharge such an order.
On an application to which this rule applies, hearsay evidence within the meaning of section 1(2) of the Civil Evidence Act 1995 is admissible: see section 47Q of the 2002 Act.]
2002 c. 29; section 47N was inserted by section 55 of the Policing and Crime Act 2009 (c. 26).