PART 33CONFISCATION AND RELATED PROCEEDINGS
CONFISCATION PROCEEDINGS
Application for new calculation of available amount33.16
1
This rule applies where the prosecutor or a receiver wants the court to make a new calculation of the amount available for confiscation.
2
The application—
a
must be in writing and may be supported by a witness statement;
b
must identify any slavery and trafficking reparation order made by virtue of the confiscation order; and
c
where the parties are agreed on the terms of the proposed order, must include in one or more documents—
i
a draft order in the terms proposed, and
ii
evidence of the parties’ agreement.
3
The application and any witness statement must be served on the court officer.
4
The application and any witness statement must be served on—
a
the defendant;
b
the receiver, if the prosecutor is making the application and a receiver has been appointed; and
c
the prosecutor, if the receiver is making the application.
5
The court—
a
may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but
b
must determine the application at a hearing in any other case.
6
Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than the eighth day after it was served unless the court otherwise directs.
[Note. See section 22 of the Proceeds of Crime Act 2002770 and section 10 of the Modern Slavery Act 2015.]