PART 42APPEAL TO THE COURT OF APPEAL IN CONFISCATION AND RELATED PROCEEDINGS
CONFISCATION: APPEAL BY PROSECUTOR OR BY PERSON WITH INTEREST IN PROPERTY
Notice of appealI142.11
1
Where an appellant wishes to apply to the Court of Appeal for permission to appeal under section 31 of the Proceeds of Crime Act 2002948, the appellant must serve a notice of appeal in the form set out in the Practice Direction on—
a
the Crown Court officer; F7...
b
the defendant.
F1c
the prosecutor, if the prosecutor is not the appellant; and
d
any person who the appellant thinks is or may be someone—
i
holding an interest in property in which the Crown Court determined the extent of the defendant’s interest under section 10A of the 2002 Act, and
ii
who is neither the defendant nor the appellant.
2
F3When a notice of appeal is served on a respondent defendant, or other person under paragraph (1)(d), it must be accompanied by a respondent’s notice in the form set out in the Practice Direction for the respondent to complete and a notice which —
a
informs the F2respondent that the result of an appeal could be that the Court of Appeal would increase a confiscation order already imposed, make a confiscation order itself or direct the Crown Court to hold another confiscation hearing;
b
c
invites the F8respondent to serve any notice on the Registrar—
i
to apply to the Court of Appeal for permission to be present at proceedings for which such permission is required under article 6 of the 2003 Order, or
ii
to present any argument to the Court of Appeal on the hearing of the application or, if permission is given, the appeal, and whether the F8respondent wishes to present it in person or by means of a legal representative;
d
draws to the F4respondent’s attention the effect of rule 42.4 (Supply of documentary and other exhibits); and
e
advises the F5respondent to consult a solicitor as soon as possible.
3
The appellant must provide the Crown Court officer with a certificate of service stating that the appellant has served the notice of appeal on F9each respondent or explaining why it has not been possible to do so.
F104
The Crown Court officer must, as soon as practicable—
a
notify the Registrar of the service of the notice of appeal;
b
make available to the Registrar—
i
the notice of appeal and any accompanying application served by the appellant,
ii
details of the parties including their addresses, and
iii
details of the court officer for the magistrates’ court responsible for enforcing any confiscation order which the Crown Court has made (the ‘enforcing court’).
5
The Registrar must, as soon as practicable, notify the court officer for the enforcing court, if any, of the service of the notice of appeal.
6
Where a person is entitled to receive a sum directed to be paid out of sums recovered under a confiscation order, the court officer for the enforcing court must, as soon as practicable, notify each such person of—
a
the appeal,
b
any suspension of that person’s entitlement pending appeal, and
c
any power for the Court of Appeal to vary or set aside that person’s entitlement on appeal.
[Note. See section 13 of the Proceeds of Crime Act 2002 and sections 134 and 141 of the Sentencing Act 2020. See also rule 42.8 (Notice of determination and renewal of application for permission to appeal) and the note to that rule.]