the day on which the period begins; and

if the end of the period is defined by reference to an event, the day on which that event occurs,

exhibit the order or a certified copy of the order; and

to the best of the witness’s ability, give full details of the realisable property located in England and Wales in respect of which the order was made and specify the person holding that realisable property.

any person who holds realisable property to which the order applies; and

any other person whom the applicant knows to be affected by the order.

any person who holds realisable property to which the order applies; and

any other person affected by the order.

the witness gives consent in writing to some other use of it;

the Crown Court gives permission for some other use; or

the witness statement has been put in evidence at a hearing held in public.

the method of service;

the date of service; and

if the document is served under rule 4.9 (Service by another method), such other information as the court may require when making the order permitting service by that method.

the court can make a confiscation order; and

the prosecutor asks the court to make such an order, or the court decides to make such an order on its own initiative.

if the court so orders, the defendant must give such information, in such manner, as the court directs;

the prosecutor must serve a statement of information relevant to confiscation on the court officer and the defendant; and

the court must not determine the extent of the defendant’s interest in that property unless that other person has had a reasonable opportunity to make representations; and

the court may order that other person to give such information, in such manner and within such a period, as the court directs.

shorten or extend a time limit which it has set;

vary, discharge or supplement an order which it has made; and

postpone confiscation proceedings without a hearing.

identify the maker of the statement and show its date;

identify the defendant in respect of whom it is served;

specify the conviction which gives the court power to make the confiscation order, or each conviction if more than one;

indicate the extent to which the defendant accepts the allegations made in the prosecutor’s statement of information; and

so far as the defendant does not accept an allegation, give particulars of any matters on which the defendant relies,

that if the defendant accepts to any extent an allegation in a prosecutor’s statement of information, then the court may treat that as conclusive for the purposes of deciding whether the defendant has benefited from general or particular criminal conduct, and if so by how much;

that if the defendant fails in any respect to comply with a direction to serve a response notice, then the court may treat that as acceptance of each allegation to which the defendant has not replied, except the allegation that the defendant has benefited from general or particular criminal conduct; and

that if the defendant fails without reasonable excuse to comply with an order to give information, then the court may draw such inference as it believes is appropriate.

the prosecutor wants the court to make a compliance order after a confiscation order has been made; or

the prosecutor or a person affected by a compliance order wants the court to vary or discharge the order.

apply in writing; and

attach any material on which the applicant relies;

propose the terms of the order; and

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

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

attach any material on which that person relies; and

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

may determine the application at a hearing (which must be in private unless the court otherwise directs), or without a hearing; and

to consider making a confiscation order where the defendant was convicted but no such order was considered;

to reconsider a decision that the defendant had not benefited from criminal conduct; or

to reconsider a decision about the amount of the defendant’s benefit.

the court officer; and

the defendant.

may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but

must determine the application at a hearing in any other case.

must be in writing and may be supported by a witness statement;

must identify any slavery and trafficking reparation order made by virtue of the confiscation order; and

the defendant;

the receiver, if the prosecutor is making the application and a receiver has been appointed; and

the prosecutor, if the receiver is making the application.

may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but

must determine the application at a hearing in any other case.

must be in writing and may be supported by a witness statement;

must identify any slavery and trafficking reparation order made by virtue of the confiscation order; and

the prosecutor;

the defendant, if the receiver is making the application; and

the receiver, if the defendant is making the application and a receiver has been appointed.

may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but

must determine the application at a hearing in any other case.

the confiscation order;

any slavery and trafficking reparation order made by virtue of the confiscation order;

the amount outstanding under the order; and

the grounds for the application.

the defendant;

the prosecutor; and

any receiver.

the magistrates’ court officer who applied for the order;

the defendant;

the prosecutor; and

any receiver.

the confiscation order;

any slavery and trafficking reparation order made by virtue of the confiscation order;

the circumstances in which the defendant ceased to be an absconder;

the defendant’s conviction of the offence or offences concerned; and

the reason why the defendant believes the amount required to be paid under the confiscation order was too large.

the defendant since has been tried and acquitted of each offence concerned; or

the prosecution has not concluded or is not to proceed.

the confiscation order;

the date on which the defendant ceased to be an absconder;

the acquittal of the defendant if he or she has been acquitted of the offence concerned; and

a court varies a confiscation order; and

the prosecutor wants the court in consequence to increase the term of imprisonment to be served in default of payment.

the name and address of the defendant;

the confiscation order;

the grounds for the application; and

the enforcement measures taken, if any.

at once, send to the defendant and any other court responsible for enforcing the order, a copy of the application; and

fix a time, date and place for the hearing and notify the applicant and the defendant of that time, date and place.

the applicant;

the defendant;

where the defendant is in custody at the time of the making of the order, the person having custody of the defendant; and

any other court responsible for enforcing the order.

the person alleged to be in default; and

the person or authority by whom the compensation would be payable,

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

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

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

the confiscation order;

the variation or discharge of the confiscation order;

the realisable property to which the application relates; and

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

name the person against whom the confiscation order has been made;

state the amount which remains to be paid under the confiscation order;

state the name and address of the branch at which the account in which the money ordered to be paid is held and the sort code of that branch, if the sort code is known;

state the name in which the account in which the money ordered to be paid is held and the account number of that account, if the account number is known;

state the amount which the bank or building society is required to pay to the court officer under the payment order;

give the name and address of the court officer to whom payment is to be made; and

require the bank or building society to make payment within a period of 7 days beginning on the day on which the payment order is made, unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances.

property is held by a defendant against whom a confiscation order has been made;

the property has been seized by or produced to an officer; and

apply in writing; and

specify the property;

attach any material on which the applicant relies; and

propose the terms of the order.

determine the application at a hearing, or without a hearing;

consider an application made orally instead of in writing; and

consider an application which has not been served on a person likely to be affected by an order.

notify any person affected by the order who was absent when it was made; and

serve on the court officer a list of those so notified.

a magistrates’ court decides not to make such an order and an officer who is entitled to apply wants to appeal against that decision to the Crown Court, under section 67C(1) of the Proceeds of Crime Act 2002781;

a magistrates’ court makes such an order and a person who is affected by that decision, other than the defendant against whom the confiscation order was made, wants to appeal against it to the Crown Court, under section 67C(2) of the 2002 Act; or

a magistrates’ court makes a decision about storage, etc. costs and an officer who is entitled to apply wants to appeal against that decision to the Crown Court, under section 67C(4) of the 2002 Act.

on the Crown Court officer and on any other party; and

not more than 21 days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 33.25(5).

specify the decision under appeal;

where paragraph (1)(a) applies, explain why the property should be realised; and

in any other case, propose the order that the appellant wants the court to make, and explain why.

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

an officer so authorised holds proceeds of that realisation;

the confiscation order has been fully paid; and

apply in writing; and

specify the property which was realised;

explain the applicant’s entitlement to apply;

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

attach any material on which the applicant relies; and

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

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

attach any material on which that person relies; and

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

to seize property, under section 47C of that Act784; or

to search premises or a person or vehicle for property to be seized, under section 47D, 47E or 47F of that Act785.

apply in writing; and

serve the application on the court officer.

if applicable, specify any premises, person or vehicle to be searched;

attach any material on which the applicant relies; and

propose the terms in which the applicant wants the court to give its approval.

may consider an application made orally instead of in writing.

apply in writing; and

attach any material on which the applicant relies; and

propose the terms of the order.

notify any person affected by the order who was absent when it was made; and

serve on the court officer a list of those so notified.

apply in writing; and

specify the order and the property detained;

attach any material on which the applicant relies;

if applicable, propose the terms of any variation; and

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

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

attach any material on which that person relies; and

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

on the Crown Court officer and on any other party; and

not more than 21 days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 33.29(5).

specify the decision under appeal;

where paragraph (1)(a) applies, explain why the detention period should be extended; and

where paragraph (1)(b) applies, propose the order that the appellant wants the court to make, and explain why.

the person who applied for the restraint order or the order appointing the receiver; and

any receiver appointed in respect of the property or tenancy,

the issues on which it requires evidence;

the nature of the evidence which it requires to decide those issues; and

the way in which the evidence is to be placed before the court.

attend court to give evidence; or

produce documents to the court.

state the name and judicial title of the person who made it;

bear the date on which it is made; and

be sealed by the Crown Court.

by hand; or

by printing a facsimile of the seal on the order whether electronically or otherwise.

the order which is agreed by the parties must be drawn up in the terms agreed;

it must be expressed as being ‘By Consent’; and

it must be signed by the legal representative acting for each of the parties to whom the order relates or by the party if he is a litigant in person.

proceedings for an offence have been started in the Crown Court and the defendant has not been either convicted or acquitted on all counts; and

an application for a restraint order under section 42(1) of the Proceeds of Crime Act 2002 has been made.

the Crown Court orders a party to draw it up;

a party, with the permission of the Crown Court, agrees to draw it up; or

the order is made by consent under rule 33.42.

an order drawn up by a party must be checked by the Crown Court before it is sealed; or

before an order is drawn up by the Crown Court, the parties must lodge an agreed statement of its terms.

he must lodge it with the Crown Court no later than 7 days after the date on which the court ordered or permitted him to draw it up so that it can be sealed by the Crown Court; and

if he fails to lodge it within that period, any other party may draw it up and lodge it.

on application by the party who incurred the costs; or

on its own initiative.

during the proceedings; or

as soon as practicable following the conclusion of the proceedings, and in any event within 28 days of that conclusion.

whether costs are payable by one party to another;

the amount of those costs; and

when they are to be paid.

the general rule is that the unsuccessful party must be ordered to pay the costs of the successful party; but

the court may make a different order.

the conduct of all the parties; and

whether a party has succeeded on part of an application, even if he has not been wholly successful.

a proportion of another party’s costs;

a stated amount in respect of another party’s costs;

costs from or until a certain date only;

costs incurred before proceedings have begun;

costs relating to particular steps taken in the proceedings;

costs relating only to a distinct part of the proceedings; and

interest on costs from or until a certain date, including a date before the making of an order.

make an assessment of the costs itself; or

order assessment of the costs under rule 45.11.

only allow costs which are proportionate to the matters in issue; and

resolve any doubt which it may have as to whether the costs were reasonably incurred or reasonable and proportionate in favour of the paying party.

the conduct of all the parties, including in particular, conduct before, as well as during, the proceedings;

the amount or value of the property involved;

the importance of the matter to all the parties;

the particular complexity of the matter or the difficulty or novelty of the questions raised;

the skill, effort, specialised knowledge and responsibility involved;

the time spent on the application; and

the place where and the circumstances in which work or any part of it was done.

a restraint order, under section 41(1) of the 2002 Act; or

an ancillary order, under section 41(7) of that Act, for the purpose of ensuring that a restraint order is effective.

give the grounds for the application;

to the best of the witness’ ability, give full details of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

include the proposed terms of the order.

give the grounds for, and full details of, the application;

include the proposed terms of the order.

serve copies of the order and of the witness statement made in support of the application on the defendant and any person who is prohibited by the order from dealing with realisable property; and

notify any person whom the applicant knows to be affected by the order of its terms.

give the grounds for the application;

where the application is for the inclusion of further realisable property in a restraint order give full details, to the best of the witness’s ability, of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

include the proposed terms of the variation.

the defendant;

any person who is prohibited from dealing with realisable property by the restraint order (whether before or after the variation); and

any other person whom the applicant knows to be affected by the order.

the defendant;

any person who is prohibited from dealing with realisable property by the restraint order (whether before or after the discharge); and

any other person whom the applicant knows to be affected by the order.

the application is joined with an application for a restraint order under rule 33.51 (Application for restraint order or ancillary order);

the application is urgent; or

there are reasonable grounds for believing that giving notice would cause the dissipation of realisable property which is the subject of the application.

give the grounds for the application;

give full details of the proposed receiver;

to the best of the witness’ ability, give full details of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

where the application is made by an accredited financial investigator, include a statement that, under section 68 of the 2002 Act, the applicant has authority to apply; and

the defendant;

any person who holds realisable property to which the application relates; and

any other person whom the applicant knows to be affected by the application,

the defendant;

any person who holds realisable property to which the order applies; and

any other person whom the applicant knows to be affected by the order.

the application is joined with an application for a restraint order under rule 33.51 (Application for restraint order or ancillary order);

the application is urgent; or

there are reasonable grounds for believing that giving notice would cause the dissipation of the property which is the subject of the application.

give the grounds for the application;

give full details of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

where the application is made by an accredited financial investigator, include a statement that, under section 68 of the 2002 Act, the applicant has authority to apply; and

the defendant;

any person who holds realisable property in respect of which a receiver has been appointed or in respect of which an application for a receiver has been made;

any other person whom the applicant knows to be affected by the application; and

the receiver (if one has already been appointed),

the defendant;

any person who holds realisable property in respect of which the receiver has been appointed; and

any other person whom the applicant knows to be affected by the order.

the person who applied for appointment of the receiver;

the defendant;

any person who holds realisable property in respect of which the receiver has been appointed;

the receiver; and

any other person whom the applicant knows to be affected by the application,

the defendant; and

any other person who held (or holds) interests in any property realised by the receiver,

F7section 82 of the Bankruptcy (Scotland) Act 2016;

section 306B of the Insolvency Act 1986804; and

article 279B of the Insolvency (Northern Ireland) Order 1989805.

give such security as the Crown Court may determine; or

file with the Crown Court and serve on all parties to any receivership proceedings evidence that he already has in force sufficient security,

give the security; or

satisfy the court as to the security he has in force,

so directs; and

specifies the basis on which the receiver is to be remunerated.

the time properly given by him and his staff to the receivership;

the complexity of the receivership;

any responsibility of an exceptional kind or degree which falls on the receiver in consequence of the receivership;

the effectiveness with which the receiver appears to be carrying out, or to have carried out, his duties; and

the value and nature of the subject matter of the receivership.

specifying any item in the accounts to which he objects;

giving the reason for such objection; and

the accounts; and

a copy of the notice served on him under this section of the rule.

terminating the appointment of the receiver;

reducing the receiver’s remuneration or disallowing it altogether; and

ordering the receiver to pay the costs of any party.

serves on the magistrates’ court officer any statement or other document under section 73 of the Criminal Justice Act 1988808 in any proceedings in respect of an offence listed in Schedule 4 to that Act; or

serves on the Crown Court officer any statement or other document under section 11 of the Drug Trafficking Act 1994809 or section 73 of the 1988 Act in any proceedings in respect of a drug trafficking offence or in respect of an offence to which Part VI of the 1988 Act applies,

the name of the defendant;

the name of the person by whom the statement is made and the date on which it was made;

where the statement is not tendered immediately after the defendant has been convicted, the date on which and the place where the relevant conviction occurred; and

such information known to the prosecutor as is relevant to the determination as to whether or not the defendant has benefited from drug trafficking or relevant criminal conduct and to the assessment of the value of any proceeds of drug trafficking or, as the case may be, benefit from relevant criminal conduct.

to a magistrates’ court under section 72A(5)(a) of the Criminal Justice Act 1988810 asking the court to exercise its powers under section 72A(4) of that Act; or

to the Crown Court under section 3(5)(a) of the Drug Trafficking Act 1994811 asking the court to exercise its powers under section 3(4) of that Act, or under section 72A(5)(a) of the 1988 Act asking the court to exercise its powers under section 72A(4) of the 1988 Act,

without a hearing; or

at a hearing at which the parties may be represented.

the name of the defendant;

the date on which and the place where any relevant conviction occurred;

the date on which and the place where any relevant confiscation order was made or, as the case may be, varied;

the grounds on which the application is made; F11...

an indication of the evidence available to support the application; F13and

a copy of any certificate issued by the High Court.

to a constable at the police station specified in the order; or

to the office of the appropriate officer who made the application, as specified in the order,

state the name and address of the defendant;

specify the grounds for the application;

give details of the enforcement measures taken, if any; and

include a copy of the confiscation order.

forthwith send to the defendant and the magistrates’ court required to enforce payment of the confiscation order under section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000818, a copy of the said notice; and

notify in writing the applicant and the defendant of the date, time and place appointed for the hearing of the application.

to the applicant;

to the defendant;

where the defendant is at the time of the making of the order in custody, to the person having custody of him or her; and

to the magistrates’ court mentioned in paragraph (4)(a).

a compliance order made for the purpose of ensuring that a confiscation order is effective;

a restraint order; or

an ancillary order made for the purpose of ensuring that a restraint order is effective.