The Criminal Procedure Rules 2020

RESTRAINT AND RECEIVERSHIP PROCEEDINGS: RULES THAT APPLY GENERALLY E+W

Taking control of goods and forfeiture E+W

33.32.—(1) This rule applies to applications under sections 58(2) and (3) and 59(2) and (3) of the Proceeds of Crime Act 2002(1) for leave of the Crown Court to take control of goods or levy distress against property, or to exercise a right of forfeiture by peaceable re-entry in relation to a tenancy, in circumstances where the property or tenancy is the subject of a restraint order or a receiver has been appointed in respect of the property or tenancy.

(2) The application must be made in writing to the Crown Court.

(3) The application must be served on—

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

(b) any receiver appointed in respect of the property or tenancy,

at least [F1 5 business days] before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

Textual Amendments

F1 Words in rule 33.32 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(c)(ix)

Commencement Information

I1 Rule 33.32 in force at 5.10.2020, see Preamble

Joining of applications E+W

33.33.  An application for the appointment of a management receiver or enforcement receiver under rule 33.56 may be joined with—

(a) an application for a restraint order under rule 33.51; and

(b) an application for the conferral of powers on the receiver under rule 33.57.

Commencement Information

I2 Rule 33.33 in force at 5.10.2020, see Preamble

Applications to be dealt with in writing E+W

33.34.  Applications in restraint proceedings and receivership proceedings are to be dealt with without a hearing, unless the Crown Court orders otherwise.

Commencement Information

I3 Rule 33.34 in force at 5.10.2020, see Preamble

Business in chambers E+W

33.35.  Restraint proceedings and receivership proceedings may be heard in chambers.

Commencement Information

I4 Rule 33.35 in force at 5.10.2020, see Preamble

Power of court to control evidence E+W

33.36.—(1) When hearing restraint proceedings and receivership proceedings, the Crown Court may control the evidence by giving directions as to—

(a) the issues on which it requires evidence;

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

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

(2) The court may use its power under this rule to exclude evidence that would otherwise be admissible.

(3) The court may limit cross-examination in restraint proceedings and receivership proceedings.

Commencement Information

I5 Rule 33.36 in force at 5.10.2020, see Preamble

Evidence of witnesses E+W

33.37.—(1) The general rule is that, unless the Crown Court orders otherwise, any fact which needs to be proved in restraint proceedings or receivership proceedings by the evidence of a witness is to be proved by their evidence in writing.

(2) Where evidence is to be given in writing under this rule, any party may apply to the Crown Court for permission to cross-examine the person giving the evidence.

(3) If the Crown Court gives permission under paragraph (2) but the person in question does not attend as required by the order, his evidence may not be used unless the court gives permission.

Commencement Information

I6 Rule 33.37 in force at 5.10.2020, see Preamble

Witness summons E+W

33.38.—(1) Any party to restraint proceedings or receivership proceedings may apply to the Crown Court to issue a witness summons requiring a witness to—

(a) attend court to give evidence; or

(b) produce documents to the court.

(2) Rule 17.3 (Application for summons, warrant or order: general rules) applies to an application under this rule as it applies to an application under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965(2).

Commencement Information

I7 Rule 33.38 in force at 5.10.2020, see Preamble

Hearsay evidence E+W

33.39.  Section 2(1) of the Civil Evidence Act 1995(3) (duty to give notice of intention to rely on hearsay evidence) does not apply to evidence in restraint proceedings and receivership proceedings.

Commencement Information

I8 Rule 33.39 in force at 5.10.2020, see Preamble

Disclosure and inspection of documents E+W

33.40.—(1) This rule applies where, in the course of restraint proceedings or receivership proceedings, an issue arises as to whether property is realisable property.

(2) The Crown Court may make an order for disclosure of documents.

(3) Part 31 of the Civil Procedure Rules 1998(4) as amended from time to time shall have effect as if the proceedings were proceedings in the High Court.

Commencement Information

I9 Rule 33.40 in force at 5.10.2020, see Preamble

Court documents E+W

33.41.—(1) Any order which the Crown Court issues in restraint proceedings or receivership proceedings must—

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

(b) bear the date on which it is made; and

(c) be sealed by the Crown Court.

(2) The Crown Court may place the seal on the order—

(a) by hand; or

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

(3) A document purporting to bear the court’s seal shall be admissible in evidence without further proof.

Commencement Information

I10 Rule 33.41 in force at 5.10.2020, see Preamble

Consent orders E+W

33.42.—(1) This rule applies where all the parties to restraint proceedings or receivership proceedings agree the terms in which an order should be made.

(2) Any party may apply for a judgment or order in the terms agreed.

(3) The Crown Court may deal with an application under paragraph (2) without a hearing.

(4) Where this rule applies—

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

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

(c) 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.

(5) Where an application is made under this rule, then the requirements of any other rule as to the procedure for making an application do not apply.

Commencement Information

I11 Rule 33.42 in force at 5.10.2020, see Preamble

Slips and omissions E+W

33.43.—(1) The Crown Court may at any time correct an accidental slip or omission in an order made in restraint proceedings or receivership proceedings.

(2) A party may apply for a correction without notice.

Commencement Information

I12 Rule 33.43 in force at 5.10.2020, see Preamble

Supply of documents from court records E+W

33.44.—(1) No document relating to restraint proceedings or receivership proceedings may be supplied from the records of the Crown Court for any person to inspect or copy unless the Crown Court grants permission.

(2) An application for permission under paragraph (1) must be made on notice to the parties to the proceedings.

Commencement Information

I13 Rule 33.44 in force at 5.10.2020, see Preamble

Disclosure of documents in criminal proceedings E+W

33.45.—(1) This rule applies where—

(a) 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

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

(2) The judge presiding at the proceedings for the offence may be supplied from the records of the Crown Court with documents relating to restraint proceedings and any receivership proceedings.

(3) Such documents must not otherwise be disclosed in the proceedings for the offence.

Commencement Information

I14 Rule 33.45 in force at 5.10.2020, see Preamble

Preparation of documents E+W

33.46.—(1) Every order in restraint proceedings or receivership proceedings must be drawn up by the Crown Court unless—

(a) the Crown Court orders a party to draw it up;

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

(c) the order is made by consent under rule 33.42.

(2) The Crown Court may direct that—

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

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

(3) Where an order is to be drawn up by a party—

(a) he must lodge it with the Crown Court no later than [F2 5 business 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

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

(4) Nothing in this rule shall require the Crown Court to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for some other similar reason.

Textual Amendments

F2 Words in rule 33.46 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(c)(x)

Commencement Information

I15 Rule 33.46 in force at 5.10.2020, see Preamble

Order for costs E+W

F3 33.47.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Rules 33.47-33.50 omitted (1.4.2024) by virtue of The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(a)(ii)

Assessment of costs E+W

F3 33.48.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Rules 33.47-33.50 omitted (1.4.2024) by virtue of The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(a)(ii)

Time for complying with an order for costs E+W

F3 33.49.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Rules 33.47-33.50 omitted (1.4.2024) by virtue of The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(a)(ii)

Application of costs rules E+W

F3 33.50.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Rules 33.47-33.50 omitted (1.4.2024) by virtue of The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(a)(ii)

(1)

2002 c. 29; section 58(2) was amended by section 62(3) of, and paragraphs 142 and 143 of Schedule 13 of the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(2)

1965 c. 69; section 2 was substituted, together with sections 2 A to 2E, by section 66 of the Criminal Procedure and Investigations Act 1996 (c. 25) and amended by section 119 of, and paragraph 8 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 109 of, and paragraph 126 of Schedule 8 to, the Courts Act 2003 (c. 39), paragraph 42 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), section 169 of the Serious Organised Crime and Police Act 2005 (c. 15) and paragraph 33 of Schedule 17 to the Crime and Courts Act 2013 (c. 22).

(3)

1995 c. 38.

(4)

S.I. 1998/3132; amending instruments relevant to this Part are S.I. 2000/221 and 2001/4015.