The Criminal Procedure (Amendment No. 3) Rules 2007

• Citation: S.I. 2007/3662
• Sections: 79

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Criminal Procedure (Amendment No. 3) Rules 2007.

Section 2 Citation, commencement and interpretation

Rules 1–4 and 15–23 of these Rules shall come into force on 1st April 2008 and rules 5–14 and 24–33 of these Rules shall come into force on 7th April 2008.

Section 3 Citation, commencement and interpretation

In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2005 .

Section 4 Amendments to the Criminal Procedure Rules 2005

After rule 2.1(7) (When the Rules apply), insert—

(8) The rules in Parts 57–62 apply in proceedings to which one of those Parts applies that begin on or after 1st April 2008. In such proceedings beginning before that date the rules in those Parts apply as if—

(a) the amendments made to them by The Criminal Procedure (Amendment No. 3) Rules 2007 had not been made; and

(b) references to the Director of the Assets Recovery Agency or to that Agency were references to the Serious Organised Crime Agency.

Section 5 Amendments to the Criminal Procedure Rules 2005

After rule 2.1(8) (When the Rules apply), insert—

(9) The rules in Part 50 apply in cases in which the defendant is charged on or after 7th April 2008 and in other cases if the court so orders. Otherwise, the rules replaced by those rules apply.

(10) The rules in Part 74 apply where an appeal, application or reference, to which Part 74 applies, is made on or after 7th April 2008. In other cases the rules replaced by those rules apply.

Section 6 Amendments to the Criminal Procedure Rules 2005

For the note after rule 2.1, substitute—

[Note. The rules replaced by the first Criminal Procedure Rules (The Criminal Procedure Rules 2005) were revoked when those Rules came into force by provisions of the Courts Act 2003, The Courts Act 2003 (Consequential Amendments) Order 2004 and The Courts Act 2003 (Commencement No. 6 and Savings) Order 2004 . The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.]

Section 7 Amendments to the Criminal Procedure Rules 2005

After rule 3.5(5) (The court’s case management powers), insert—

(6) If a party fails to comply with a rule or a direction, the court may—

(a) fix, postpone, bring forward, extend, cancel or adjourn a hearing;

(b) exercise its powers to make a costs order; and

(c) impose such other sanction as may be appropriate.

Section 8 Amendments to the Criminal Procedure Rules 2005

At the end of the note after rule 3.5 (The court’s case management powers), insert—

See also rule 3.10.

The court may make a costs order under—

section 19 of the Prosecution of Offences Act 1985 , where the court decides that one party to criminal proceedings has incurred costs as a result of an unnecessary or improper act or omission by, or on behalf of, another party;

section 19A of that Act , where the court decides that a party has incurred costs as a result of an improper, unreasonable or negligent act or omission on the part of a legal representative;

section 19B of that Act , where the court decides that there has been serious misconduct by a person who is not a party.

Under some other legislation, including Parts 24, 34 and 35 of these Rules, if a party fails to comply with a rule or a direction then in some circumstances—

the court may refuse to allow that party to introduce evidence;

evidence that that party wants to introduce may not be admissible;

the court may draw adverse inferences from the late introduction of an issue or evidence.

See also—

section 81(1) of the Police and Criminal Evidence Act 1984 and section 20(3) of the Criminal Procedure and Investigations Act 1996 (advance disclosure of expert evidence);

section 11(5) of the Criminal Procedure and Investigations Act 1996 (faults in disclosure by accused);

section 132(5) of the Criminal Justice Act 2003 (failure to give notice of hearsay evidence). .

Section 9 Amendments to the Criminal Procedure Rules 2005

After rule 3.8(2) (Case preparation and progression), insert—

(3) In order to prepare for a trial in the Crown Court, the court must conduct a plea and case management hearing unless the circumstances make that unnecessary.

Section 10 Amendments to the Criminal Procedure Rules 2005

For rule 3.10 (Conduct of a trial or an appeal), substitute—

(3.10) In order to manage a trial or (in the Crown Court) an appeal—

(a) the court must establish, with the active assistance of the parties, what disputed issues they intend to explore; and

(b) the court may require a party to identify—

(i) which witnesses that party wants to give oral evidence,

(ii) the order in which that party wants those witnesses to give their evidence,

(iii) whether that party requires an order compelling the attendance of a witness,

(iv) what arrangements are desirable to facilitate the giving of evidence by a witness,

(v) what arrangements are desirable to facilitate the participation of any other person, including the defendant,

(vi) what written evidence that party intends to introduce,

(vii) what other material, if any, that person intends to make available to the court in the presentation of the case,

(viii) whether that party intends to raise any point of law that could affect the conduct of the trial or appeal, and

(ix) what timetable that party proposes and expects to follow.

Section 11 Amendments to the Criminal Procedure Rules 2005

After rule 3.10 (Conduct of a trial or an appeal), insert—

[Note. See also rule 3.5.]

Section 12 Amendments to the Criminal Procedure Rules 2005

For Part 50 (Supplementary orders made on conviction), substitute the Part as set out in Schedule 1 to these Rules.

Section 13 Amendments to the Criminal Procedure Rules 2005

In rule 56.4(4) (Application to Crown Court to discharge or vary order to make material available)—

(a) for “Commissioners of Customs and Excise”, substitute “Commissioners for Her Majesty’s Revenue and Customs”;

(b) for “Her Majesty’s Customs and Excise”, substitute “Her Majesty’s Revenue and Customs”.

Section 14 Amendments to the Criminal Procedure Rules 2005

In the note after rule 56.4 (Application to Crown Court to discharge or vary order to make material available), for “Formerly”, substitute “This rule derives in part from”.

Section 15 Amendments to the Criminal Procedure Rules 2005

In rule 57.1 (Interpretation), omit “52, 53,”, “56(4),”, and “60(2) and (3),”.

Section 16 Amendments to the Criminal Procedure Rules 2005

In the note after rule 57.1 (Interpretation), for “Formerly”, substitute “This rule derives from”.

Section 17 Amendments to the Criminal Procedure Rules 2005

For Part 58 (Proceeds of Crime Act 2002 —rules applicable only to confiscation proceedings), substitute the Part as set out in Schedule 2 to these Rules.

Section 18 Amendments to the Criminal Procedure Rules 2005

In rule 59.1 (Application for restraint order), omit “, the Director”.

Section 19 Amendments to the Criminal Procedure Rules 2005

In the note after rule 59.1 (Application for restraint order), for “Formerly”, substitute “This rule derives from”.

Section 20 Amendments to the Criminal Procedure Rules 2005

For Part 60 (Proceeds of Crime Act 2002—rules applicable only to receivership proceedings), substitute the Part as set out in Schedule 3 to these Rules.

Section 21 Amendments to the Criminal Procedure Rules 2005

In rule 61.1(1) (Distress and forfeiture)—

(a) omit “and 60(2) and (3)”; and

(b) for “,” before “59(2)”, substitute “and”.

Section 22 Amendments to the Criminal Procedure Rules 2005

In the note after rule 61.1 (Distress and forfeiture), for “Formerly”, substitute “This rule derives from”.

Section 23 Amendments to the Criminal Procedure Rules 2005

For Part 62 (Proceeds of Crime Act 2002—rules applicable to investigations), substitute the Part as set out in Schedule 4 to these Rules.

Section 24 Amendments to the Criminal Procedure Rules 2005

In rule 65.1(1) (When this Part applies)—

(a) before “appeals”, insert “applications,”;

(b) for “and 70”, substitute “, 70 and 74”.

Section 25 Amendments to the Criminal Procedure Rules 2005

In the note after rule 65.1 (When this Part applies), for “and 31C”, substitute “, 31C and 44”.

Section 26 Amendments to the Criminal Procedure Rules 2005

For the note after rule 65.3 (Power to vary requirements), substitute—

[Note. The time limit for serving an appeal notice—

under section 18 of the Criminal Appeal Act 1968 on an appeal against conviction or sentence, and

under section 18A of that Act on an appeal against a finding of contempt of court

may be extended but not shortened: see rule 68.2.

The time limit for serving an application for permission to refer a sentencing case under section 36 of the Criminal Justice Act 1988 may be neither extended nor shortened: see rule 70.2(2).

The time limits in rule 74.2 for applying to the Court of Appeal for permission to appeal or refer a case to the House of Lords may be extended or shortened only as explained in the note to that rule.]

Section 27 Amendments to the Criminal Procedure Rules 2005

In the note after rule 65.5 (Renewing an application refused by a judge or the Registrar), for “and 31C”, substitute “, 31C and 44”.

Section 28 Amendments to the Criminal Procedure Rules 2005

In rule 65.6 (Hearings)—

(a) Re-number rule 65.6(4) as rule 65.6(5);

(b) Before rule 65.6(5), insert—

(4) Where the appellant wants to appeal or to refer a case to the House of Lords the court—

(a) may decide without a hearing an application—

(i) for permission to appeal or to refer a sentencing case, or

(ii) to refer a point of law; but

(b) must announce its decision on such an application at a hearing in public.

Section 29 Amendments to the Criminal Procedure Rules 2005

In rule 65.10(a)(ii) (Duty of person keeping exhibit), for “proceedings in the Court of Appeal”, substitute “appeal proceedings”.

Section 30 Amendments to the Criminal Procedure Rules 2005

In rule 68.1(1) (When this Part applies)—

(a) at the end of rule 68.1(1)(d), omit “or”;

(b) at the end of rule 68.1(1)(e), insert—

; or

(f) a person wants to appeal to the Court of Appeal under section 24 of the Serious Crime Act 2007

Section 31 Amendments to the Criminal Procedure Rules 2005

In the note after rule 68.1 (When this Part applies), after “Court of Appeal”, in the second place it occurs, insert—

Under section 24 of the Serious Crime Act 2007 a person who is the subject of a serious crime prevention order, or the relevant applicant authority, may appeal to the Court of Appeal against a decision of the Crown Court in relation to that order. In addition, any person who was given an opportunity to make representations in the proceedings by virtue of section 9(4) of the Act may appeal to the Court of Appeal against a decision of the Crown Court to make, vary or not vary a serious crime prevention order. .

Section 32 Amendments to the Criminal Procedure Rules 2005

For Part 71 (Appeal to the Court of Appeal under the Proceeds of Crime Act 2002—general rules), substitute the Part as set out in Schedule 5 to these Rules.

Section 33 Amendments to the Criminal Procedure Rules 2005

For Part 74 (Appeal or reference to the House of Lords), substitute the Part as set out in Schedule 6 to these Rules.

Section 50.1 When this Part applies

(1) This Part applies in magistrates' courts and in the Crown Court where the court could decide to make, vary or revoke a civil order—

(a) under a power that the court can exercise after reaching a verdict or making a finding, and

(b) that requires someone to do, or not do, something.

(2) A reference to a “behaviour order” in this Part is a reference to any such order.

(3) A reference to “hearsay evidence” in this Part is a reference to evidence consisting of hearsay within the meaning of section 1(2) of the Civil Evidence Act 1995 .

[Note. In the circumstances set out in the Acts listed, the court can make a behaviour order:

on conviction, under—

Football Spectators Act 1989, section 14A (football banning orders),

Protection from Harassment Act 1997, section 5 (restraining orders),

Crime and Disorder Act 1998, sections 1C and 1D (anti-social behaviour orders and interim anti-social behaviour orders),

Crime and Disorder Act 1998, sections 8 and 9 fn num="f029"> (parenting orders),

Sexual Offences Act 2003, section 104 (sexual offences prevention orders),

Serious Crime Act 2007, section 19 (serious crime prevention orders),

on acquittal, under—

Protection from Harassment Act 1997, section 5A (restraining orders on acquittal), and

on the making of a finding of (i) not guilty by reason of insanity, or (ii) disability, under—

Sexual Offences Act 2003, section 104 (sexual offences prevention orders).

Section 1(2) of the Civil Evidence Act 1995 defines hearsay as meaning “ a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated ”. Section 13 of that Act defines a statement as meaning “ any representation of fact or opinion, however made.] ”

Section 50.2 Behaviour orders: general rules

(1) The court must not make a behaviour order unless the person to whom it is directed has had an opportunity—

(a) to consider what order is proposed and why; and

(b) to make representations at a hearing (whether or not that person in fact attends).

(2) That restriction does not apply to making an interim behaviour order.

(3) But an interim behaviour order has no effect unless the person to whom it is directed—

(a) is present when it is made; or

(b) is handed a document recording the order not more than 7 days after it is made.

[Note. The Acts listed in the note to rule 50.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order.]

Section 50.3 Application for behaviour order: special rules

(1) This rule applies where a prosecutor wants the court to make—

(a) an anti-social behaviour order; or

(b) a serious crime prevention order,

if the defendant is convicted.

(2) The prosecutor must serve a notice of intention to apply for such an order on—

(a) the court officer;

(b) the defendant against whom the prosecutor wants the court to make the order; and

(c) any person on whom the order would be likely to have a significant adverse effect,

as soon as practicable (without waiting for the verdict).

(3) The notice must be in the form set out in the Practice Direction and must—

(a) summarise the relevant facts;

(b) identify the evidence on which the prosecutor relies in support;

(c) attach any written statement that the prosecutor has not already served; and

(d) specify the order that the prosecutor wants the court to make.

(4) The defendant must then—

(a) serve written notice of any evidence on which the defendant relies on—

(i) the court officer, and

(ii) the prosecutor,

as soon as practicable (without waiting for the verdict); and

(b) in the notice, identify that evidence and attach any written statement that has not already been served.

(5) This rule does not apply to an application for an interim anti-social behaviour order.

[Note. Under section 8 of the Serious Crime Act 2007 a serious crime prevention order may be made only on an application by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, or the Director of the Serious Fraud Office. See also paragraphs 2, 7 and 13 of Schedule 2 to the 2007 Act.

If a party relies on hearsay evidence, see also rules 50.6, 50.7, and 50.8.]

Section 50.4 Evidence to assist the court: special rules

(1) This rule applies where the court indicates that it may make on its own initiative—

(a) a football banning order;

(b) a restraining order;

(c) an anti-social behaviour order; or

(d) a drinking banning order.

(2) A party who wants the court to take account of any particular evidence before making that decision must—

(a) serve notice in writing on—

(i) the court officer, and

(ii) every other party,

as soon as practicable (without waiting for the verdict); and

(b) in that notice identify that evidence and attach any written statement that has not already been served.

[Note. If a party relies on hearsay evidence, see also rules 50.6, 50.7, and 50.8.]

Section 50.5 Application to vary or revoke behaviour order

(1) The court may vary or revoke a behaviour order if—

(a) the legislation under which it is made allows the court to do so; and

(b) one of the following applies—

(i) the prosecutor,

(ii) the person to whom the order is directed,

(iii) any other person mentioned in the order,

(iv) the relevant authority or responsible officer,

(v) the relevant Chief Officer of Police, or

(vi) the Director of Public Prosecutions.

(2) A person applying under this rule must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so, explaining why the order should be varied or revoked; and

(b) serve the application, and any notice under paragraph (3), on the court officer and, as appropriate, anyone listed in paragraph (1)(b).

(3) A party who wants the court to take account of any particular evidence before making its decision must, as soon as practicable—

(a) serve notice in writing on—

(i) the court officer, and

(ii) as appropriate, anyone listed in paragraph (1)(b); and

(b) in that notice identify the evidence and attach any written statement that has not already been served.

(4) The court may decide an application under this rule with or without a hearing.

(5) But the court must not—

(a) dismiss an application under this rule unless the applicant has had an opportunity to make representations at a hearing (whether or not the applicant in fact attends); or

(b) allow an application under this rule unless everyone served with the application has had at least 14 days in which to make representations, including representations about whether there should be a hearing.

(6) Where a person applies under this rule to a magistrates' court—

(a) the application must be by complaint; and

(b) the court officer must give notice by summons of any hearing.

[Note. The legislation that gives the court power to make a behaviour order may limit the circumstances in which it may be varied or revoked and may require a hearing.

If a party relies on hearsay evidence, see also rules 50.6, 50.7 and 50.8.]

Section 50.6 Notice of hearsay evidence

(1) A party who wants to introduce hearsay evidence must—

(a) serve notice in writing on—

(i) the court officer, and

(ii) every other party directly affected; and

(b) in that notice—

(i) explain that it is a notice of hearsay evidence,

(ii) identify that evidence,

(iii) identify the person who made the statement which is hearsay, or explain why if that person is not identified, and

(iv) explain why that person will not be called to give oral evidence.

(2) A party may serve one notice under this rule in respect of more than one statement and more than one witness.

[Note. For the time within which to serve a notice of hearsay evidence, see rule 50.3(2) to (4), rule 50.4(2) and rule 50.5(3). See also the requirement in section 2 of the Civil Evidence Act 1995 for reasonable and practicable notice of a proposal to introduce hearsay evidence.

Rules 50.6, 50.7 and 50.8 broadly correspond with rules 3, 4 and 5 of The Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 , which apply in civil proceedings in magistrates' courts. Rule 3 of the magistrates' courts rules however includes a time limit, which may be varied by the court, or a justices' clerk, of 21 days before the date fixed for the hearing, for service of a hearsay notice.]

Section 50.7 Cross-examination of maker of hearsay statement

(1) This rule applies where a party wants the court’s permission to cross-examine a person who made a statement which another party wants to introduce as hearsay.

(2) The party who wants to cross-examine that person must—

(a) apply in writing, with reasons, not more than 7 days after service of the notice of hearsay evidence; and

(b) serve the application on—

(i) the court officer,

(ii) the party who served the hearsay evidence notice, and

(iii) every party on whom the hearsay evidence notice was served.

(3) The court may decide an application under this rule with or without a hearing.

(4) But the court must not—

(a) dismiss an application under this rule unless the applicant has had an opportunity to make representations at a hearing (whether or not the applicant in fact attends); or

(b) allow an application under this rule unless everyone served with the application has had at least 7 days in which to make representations, including representations about whether there should be a hearing.

[Note. See also section 3 of the Civil Evidence Act 1995.]

Section 50.8 Credibility and consistency of maker of hearsay statement

(1) This rule applies where a party wants to challenge the credibility or consistency of a person who made a statement which another party wants to introduce as hearsay.

(2) The party who wants to challenge the credibility or consistency of that person must—

(a) serve a written notice of intention to do so on—

(i) the court officer, and

(ii) the party who served the notice of hearsay evidence

not more than 7 days after service of that hearsay evidence notice; and

(b) in the notice, identify any statement or other material on which that party relies.

(3) The party who served the hearsay notice—

(a) may call that person to give oral evidence instead; and

(b) if so, must serve a notice of intention to do so on—

(i) the court officer, and

(ii) every party on whom he served the hearsay notice

not more than 7 days after service of the notice under paragraph (2).

[Note. Section 5(2) of the Civil Evidence Act 1995 describes the procedure for challenging the credibility of the maker of a statement of which hearsay evidence is introduced. See also section 6 of that Act. The 1995 Act does not allow the introduction of evidence of a previous inconsistent statement otherwise than in accordance with sections 5, 6 and 7 of the Criminal Procedure Act 1865 .]

Section 50.9 Court’s power to vary requirements under this Part

The court may—

(a) shorten a time limit or extend it (even after it has expired);

(b) allow a notice or application to be given in a different form, or presented orally.

Section 58.1 Statements in connection with confiscation orders

(1) When the prosecutor is required, under section 16 of the Proceeds of Crime Act 2002 , to give a statement to the Crown Court, the prosecutor must also, as soon as practicable, serve a copy of the statement on the defendant.

(2) Any statement given to the Crown Court by the prosecutor under section 16 of the 2002 Act must, in addition to the information required by the 2002 Act, include the following information—

(a) the name of the defendant;

(b) the name of the person by whom the statement is made and the date on which it is made; and

(c) where the statement is not given to the Crown Court immediately after the defendant has been convicted, the date on which and the place where the relevant conviction occurred.

(3) Where, under section 17 of the 2002 Act, the Crown Court orders the defendant to indicate the extent to which he accepts each allegation in a statement given by the prosecutor, the defendant must indicate this in writing to the prosecutor and must give a copy to the Crown Court.

(4) Where the Crown Court orders the defendant to give to it any information under section 18 of the 2002 Act, the defendant must provide the information in writing and must, as soon as practicable, serve a copy of it on the prosecutor.

[Note. This rule derives from rule 5 of The Crown Court (Confiscation, Restraint and Receivership) Rules 2003 .]

Section 58.2 Postponement of confiscation proceedings

The Crown Court may grant a postponement under section 14(1)(b) of the Proceeds of Crime Act 2002 without a hearing.

[Note. Formerly rule 6 of The Crown Court (Confiscation, Restraint and Receivership) Rules 2003.]

Section 58.3 Application for reconsideration

(1) This rule applies where the prosecutor makes an application under section 19, 20 or 21 of the Proceeds of Crime Act 2002 .

(2) The application must be in writing and give details of—

(a) the name of the defendant;

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

(c) the date on which and the place where any relevant confiscation order was made or varied;

(d) the grounds for the application; and

(e) an indication of the evidence available to support the application.

(3) The application must be lodged with the Crown Court.

(4) The application must be served on the defendant at least seven days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

[Note. This rule derives from rule 7 of The Crown Court (Confiscation, Restraint and Receivership) Rules 2003.]

Section 58.4 Application for new calculation of available amount

(1) This rule applies where the prosecutor or a receiver makes an application under section 22 of the Proceeds of Crime Act 2002 for a new calculation of the available amount.

(2) The application must be in writing and may be supported by a witness statement.

(3) The application and any witness statement must be lodged with the Crown Court.

(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 under section 50 of the 2002 Act; and

(c) the prosecutor, if the receiver is making the application,

at least seven days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

[Note. This rule derives from rule 8 of The Crown Court (Confiscation, Restraint and Receivership) Rules 2003.]

Section 58.5 Variation of confiscation order due to inadequacy of available amount

(1) This rule applies where the defendant or a receiver makes an application under section 23 of the Proceeds of Crime Act 2002 for the variation of a confiscation order.

(2) The application must be in writing and may be supported by a witness statement.

(3) The application and any witness statement must be lodged with the Crown Court.

(4) The application and any witness statement must be served on—

(a) the prosecutor;

(b) the defendant, if the receiver is making the application; and

(c) the receiver, if the defendant is making the application and a receiver has been appointed under section 50 of the 2002 Act,

at least seven days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

[Note. This rule derives from rule 9 of The Crown Court (Confiscation, Restraint and Receivership) Rules 2003.]

Section 58.6 Application by magistrates' court officer to discharge confiscation order

(1) This rule applies where a magistrates' court officer makes an application under section 24 or 25 of the Proceeds of Crime Act 2002 for the discharge of a confiscation order.

(2) The application must be in writing and give details of—

(a) the confiscation order;

(b) the amount outstanding under the order; and

(c) the grounds for the application.

(3) The application must be served on—

(a) the defendant;

(b) the prosecutor; and

(c) any receiver appointed under section 50 of the 2002 Act.

(4) The Crown Court may determine the application without a hearing unless a person listed in paragraph (3) indicates, within seven days after the application was served on him, that he would like to make representations.

(5) If the Crown Court makes an order discharging the confiscation order, the court must, at once, send a copy of the order to—

(a) the magistrates' court officer who applied for the order;

(b) the defendant;

(c) the prosecutor; and

(d) any receiver appointed under section 50 of the 2002 Act.

[Note. Formerly rule 10 of The Crown Court (Confiscation, Restraint and Receivership) Rules 2003.]

Section 58.7 Application for variation of confiscation order made against an absconder

(1) This rule applies where the defendant makes an application under section 29 of the Proceeds of Crime Act 2002 for the variation of a confiscation order made against an absconder.

(2) The application must be in writing and supported by a witness statement which must give details of—

(a) the confiscation order made against an absconder under section 6 of the 2002 Act as applied by section 28 of the 2002 Act;

(b) the circumstances in which the defendant ceased to be an absconder;

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

(d) the reason why he believes the amount required to be paid under the confiscation order was too large.

(3) The application and witness statement must be lodged with the Crown Court.

(4) The application and witness statement must be served on the prosecutor at least seven days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

[Note. This rule derives from rule 11 of The Crown Court (Confiscation, Restraint and Receivership) Rules 2003.]

Section 58.8 Application for discharge of confiscation order made against an absconder

(1) This rule applies if the defendant makes an application under section 30 of the Proceeds of Crime Act 2002 for the discharge of a confiscation order.

(2) The application must be in writing and supported by a witness statement which must give details of—

(a) the confiscation order made under section 28 of the 2002 Act;

(b) the date on which the defendant ceased to be an absconder;

(c) the acquittal of the defendant if he has been acquitted of the offence concerned; and

(d) if the defendant has not been acquitted of the offence concerned—

(i) the date on which the defendant ceased to be an absconder,

(ii) the date on which the proceedings taken against the defendant were instituted and a summary of steps taken in the proceedings since then, and

(iii) any indication given by the prosecutor that he does not intend to proceed against the defendant.

(3) The application and witness statement must be lodged with the Crown Court.

(4) The application and witness statement must be served on the prosecutor at least seven days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(5) If the Crown Court orders the discharge of the confiscation order, the court must serve notice on the magistrates' court responsible for enforcing the order.

[Note. This rule derives from rule 12 of The Crown Court (Confiscation, Restraint and Receivership) Rules 2003.]