http://www.legislation.gov.uk/id/uksi/2019/1368

http://www.legislation.gov.uk/uksi/2019/1368/article/11/made

The Magistrates’ Courts (Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5A, and Miscellaneous Amendments) Rules 2019

King's Printer of Acts of Parliament

2019-10-22

MAGISTRATES’ COURTS, ENGLAND AND WALES;PROCEDURE

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for giving effect in England and Wales to external orders under Part 5A of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (“the Order”). Part 5A of the Order was inserted by article 30 of the Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018. Part 5A of the Order mirrors in large part the provisions of Chapter 3A of Part 5 of the Proceeds of Crime Act 2002 (“POCA”), which was inserted by section 15 of the Criminal Finances Act 2017 (c.22) and makes provision for the forfeiture of certain listed items of personal or moveable property, where the listed property derives from, or is intended for use in, unlawful conduct. The property to which the forfeiture powers apply is listed in article 213B of the Order. These Rules similarly mirror in large part the rules relating to proceedings under Chapter 3A of Part 5 of POCA (the Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017) and provide the relevant procedure for:Prior approval for searches (see article 213E of the Order, mirroring section 303E of POCA);Applications for release of detained property (see articles 213K and 213S of the Order, mirroring sections 303N and 303V of POCA);Applications for forfeiture of detained property (see articles 213L and 213O of the Order, mirroring sections 303O and 303R of POCA);Agreements about associated and joint property (see articles 213M and 213N of the Order, mirroring sections 303P and 303Q of POCA);Applications for compensation (see article 213T of the Order, mirroring section 303W of POCA).

Giving documents by means of electronic communication11

1

In order to give a document by fax, email or other means of electronic communication, the intended recipient of the document must previously have indicated in writing to the person giving the document—

a

that they are willing to accept service of documents for the purposes of these Rules by that means of electronic communication; and

b

the fax number, e-mail address or other electronic identification to which documents must be sent.

2

Where a person intends to give a document by means of electronic communication (other than by fax), that person must first ask the intended recipient whether there are any limitations to their agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).

3

Giving a document by means of electronic communication is effected by sending or transmitting the document in accordance with the written indication given by the intended recipient under paragraph (1), having complied with any limitations specified by the intended recipient under paragraph (2).

4

The document is to be treated as having been given on the day on which it is sent or transmitted if the electronic communication containing it is sent or transmitted before 4.30 p.m.. If the electronic communication is sent or transmitted after 4.30 p.m.,, the document is to be treated as having been given the following day.

5

Where a document is given by electronic means, the person giving the document need not in addition send or deliver a hard copy.