42.1.—(1) An application to extend the time limit for giving notice of application for permission to appeal under Part 2 of the Proceeds of Crime Act 2002(1) must—
(a)be included in the notice of appeal; and
(b)state the grounds for the application.
(2) The parties may not agree to extend any date or time limit set by this Part or by the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003(2).
Commencement Information
I1Rule 42.1 in force at 5.10.2020, see Preamble
42.2. Rule 39.3(2)(h) (Form of appeal notice) applies in relation to an application—
(a)by a party to an appeal under Part 2 of the Proceeds of Crime Act 2002 that, under article 7 of The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003, a witness be ordered to attend or that the evidence of a witness be received by the Court of Appeal; or
(b)by the defendant to be given permission by the court to be present at proceedings for which permission is required under article 6 of the 2003 Order,
as it applies in relation to applications under Part I of the Criminal Appeal Act 1968(3) and the form in which rule 39.3 requires notice to be given may be modified as necessary.
Commencement Information
I2Rule 42.2 in force at 5.10.2020, see Preamble
42.3. Rule 36.7 (Notice of hearings and decisions) applies in relation to an order of the court under article 7 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 to require a person to attend for examination as it applies in relation to such an order of the court under Part I of the Criminal Appeal Act 1968.
Commencement Information
I3Rule 42.3 in force at 5.10.2020, see Preamble
42.4. Rule 36.11 (Registrar’s duty to provide copy documents for appeal or reference) applies in relation to an appellant or respondent under Part 2 of the Proceeds of Crime Act 2002 as it applies in relation to an appellant and respondent under Part I of the Criminal Appeal Act 1968.
Commencement Information
I4Rule 42.4 in force at 5.10.2020, see Preamble
42.5. The Registrar may require the Crown Court to provide the Court of Appeal with any assistance or information which it requires for the purposes of exercising its jurisdiction under Part 2 of the Proceeds of Crime Act 2002, the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 or this Part.
Commencement Information
I5Rule 42.5 in force at 5.10.2020, see Preamble
42.6. Rule 36.6(6) (Hearings) applies in relation to a judge exercising any of the powers referred to in article 8 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003(4) or the powers in rules 42.12(3) and (4) (Respondent’s notice), 42.15(2) (Notice of appeal) and 42.16(6) (Respondent’s notice), as it applies in relation to a judge exercising the powers referred to in section 31(2) of the Criminal Appeal Act 1968(5).
Commencement Information
I6Rule 42.6 in force at 5.10.2020, see Preamble
42.7. Rule 36.5 (Renewing an application refused by a judge or the Registrar) applies where a single judge has refused an application by a party to exercise in that party’s favour any of the powers listed in article 8 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003, or the power in rule 42.12(3) or (4) as it applies where the judge has refused to exercise the powers referred to in section 31(2) of the Criminal Appeal Act 1968.
Commencement Information
I7Rule 42.7 in force at 5.10.2020, see Preamble
42.8.—(1) [F2Paragraphs (2) and (3) of this rule apply] where a single judge or the Court of Appeal has determined an application or appeal under the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 or under Part 2 of the Proceeds of Crime Act 2002.
(2) The Registrar must, as soon as practicable, serve notice of the determination on all of the parties to the proceedings.
(3) Where a single judge or the Court of Appeal has disposed of an application for permission to appeal or an appeal under section 31 of the 2002 Act(6), the Registrar must also, as soon as practicable, serve the order on [F3the Crown Court officer and the court officer for the magistrates’ court responsible for enforcing any confiscation order which the Crown Court has made (the ‘enforcing court’)]
[F4(4) Paragraphs (5) and (6) of this rule apply where—
(a)a single judge has refused an application for permission to appeal under section 31 of the 2002 Act, and
(b)the appellant renews that application, in time or with an application to extend the time within which to renew.
(5) The Registrar must, as soon as practicable, notify the court officer for the enforcing court, if any, of the service of that renewed application.
(6) Unless a single judge, the Court of Appeal or the enforcing court otherwise directs, pending disposal of the renewed application the court officer for the enforcing court must withhold the payment of any sum not yet paid—
(a)which under section 13(6) of the 2002 Act was directed to be paid out of sums recovered under a confiscation order, and
(b)the payment of which is suspended pending appeal.
[Note. See also rule 42.11 (Notice of appeal) under which (i) the Registrar must notify the court officer for the enforcing court of the service of a notice of appeal, and (ii) that court officer must notify any person whose entitlement to payment of a sum is suspended by that appeal.
Under section 13 of the Proceeds of Crime Act 2002, if the Crown Court makes a confiscation order and one or more priority orders, as defined in that section, against the same defendant in the same proceedings then in some circumstances the court must direct that part or all of the priority order must be paid out of sums recovered under the confiscation order.
A compensation order under section 134 of the Sentencing Act 2020 is such a priority order. Under section 141(1) of the 2020 Act, a person in whose favour a compensation order is made is not entitled to receive the amount due until there is no further possibility of the order being varied or set aside on appeal (disregarding any power to grant leave to appeal out of time). Under section 141(2) of the 2020 Act, Criminal Procedure Rules may make provision about the way in which the enforcing court is to deal with money paid in satisfaction of a compensation order where the entitlement of the person in whose favour it was made is suspended.]]
Textual Amendments
F1Rule 42.8 heading substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(a)(i)
F2Words in rule 42.8(1) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(a)(ii)
F3Words in rule 42.8(3) substituted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(a)(iii)
F4Rules 42.8(4)-(6) and Note inserted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 11(a)(iv)
Commencement Information
I8Rule 42.8 in force at 5.10.2020, see Preamble
42.9. Rule 5.5 (Recording and transcription of proceedings in the Crown Court) and rule 36.9 (Duty of person transcribing proceedings in the Crown Court) apply in relation to proceedings in respect of which an appeal lies to the Court of Appeal under Part 2 of the Proceeds of Crime Act 2002 as they apply in relation to proceedings in respect of which an appeal lies to the Court of Appeal under Part I of the Criminal Appeal Act 1968.
Commencement Information
I9Rule 42.9 in force at 5.10.2020, see Preamble
42.10.—(1) An application to the Court of Appeal for permission to appeal to the Supreme Court under Part 2 of the Proceeds of Crime Act 2002 must be made—
(a)orally after the decision of the Court of Appeal from which an appeal lies to the Supreme Court; or
(b)in the form set out in the Practice Direction, in accordance with article 12 of the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 and served on the Registrar.
(2) The application may be abandoned at any time before it is heard by the Court of Appeal by serving notice in writing on the Registrar.
(3) Rule 36.6(6) (Hearings) applies in relation to a single judge exercising any of the powers referred to in article 15 of the 2003 Order, as it applies in relation to a single judge exercising the powers referred to in section 31(2) of the Criminal Appeal Act 1968.
(4) Rule 36.5 (Renewing an application refused by a judge or the Registrar) applies where a single judge has refused an application by a party to exercise in that party’s favour any of the powers listed in article 15 of the 2003 Order as they apply where the judge has refused to exercise the powers referred to in section 31(2) of the 1968 Act.
(5) The form in which rule 36.5(2) requires an application to be made may be modified as necessary.
Commencement Information
I10Rule 42.10 in force at 5.10.2020, see Preamble
1968 c. 19; section 31(2) was amended by section 21 of, and Schedule 2 to, the Costs in Criminal Cases Act 1973 (c. 14), section 29 of the Criminal Justice Act 1982 (c. 48), section 170 of, and paragraphs 20 and 29 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 87 of the Courts Act 2003 (c. 39) and section 48 of the Police and Justice Act 2006 (c. 48).
2002 c. 29; section 31 was amended by section 74 of, and paragraphs 1 and 16 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).