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

http://www.legislation.gov.uk/uksi/2019/1368/article/7/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).

Application for compensation7

1

An application under article 213T(1) of the Order for compensation must be made in writing and sent to the court before which the applicant wishes to make the application.

2

The court must send a copy of the application to—

a

the Commissioners for Her Majesty’s Revenue and Customs, if the property which is the subject of the application was seized by a customs officer;

b

the Director General of the National Crime Agency, if the property which is the subject of the application was seized by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 20134;

c

the chief officer of the police force to which the constable belongs, if the property which is the subject of the application was seized by a constable;

d

the Director of the Serious Fraud Office, if the property which is the subject of the application was seized by an officer of the Serious Fraud Office; and

e

any other person known to be affected by the application.

3

The court must fix a date for the hearing of the application, which, unless directed otherwise, shall not be earlier than 28 days from the date on which it is fixed, and must notify the date to the applicant and every person to whom a copy of the application is required to be sent under paragraph (2).