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Statutory Instrument

The Crown Court (Amendment) Rules 2017

Citation
S.I. 2017/1287
As at
Sections
7
Section 1Citation, commencement and interpretation

(1) These Rules may be cited as the Crown Court (Amendment) Rules 2017.

(2) Rule 6 of these Rules comes into force on 16th April 2018 so far as it relates to Rule 8(fa) of the Crown Court Rules 1982 .

(3) Rule 7(b) of these Rules comes into force on 16th April 2018 so far as it relates to section 303S of the Proceeds of Crime Act 2002 .

(4) Otherwise, these Rules come into force on 31st January 2018.

(5) In these Rules, a reference to a rule by number alone means the rule so numbered in the Crown Court Rules 1982.

Section 2Amendments to the Crown Court Rules 1982

The Crown Court Rules 1982 are amended in accordance with rules 3 to 7 of these Rules.

Section 3Amendments to the Crown Court Rules 1982

In Rule 8(e), after “Anti-terrorism Crime and Security Act 2001”, insert “(“ATCSA”)” and for “that Act”, substitute “ATCSA” in both places where it occurs.

Section 4Amendments to the Crown Court Rules 1982

After rule 8(e), insert—

(ea) in the case of an appeal under paragraph 10K of Schedule 1 to ATCSA —

(i) to any person to whom notice of the order for further detention of property was given in accordance with paragraph 10D(11) of Schedule 1 to ATCSA and who has not been joined as a party to the case, and

(ii) to any person who has made an application under paragraph 10O(1) of Schedule 1 to ATCSA and who has not been joined as a party to the case.

(eb) in the case of an appeal under paragraph 10Z4 of Schedule 1 to ATCSA—

(i) to any person to whom notice of the account freezing order was given in accordance with paragraph 10S(5) of Schedule 1 to ATCSA and who has not been joined as a party to the case, and

(ii) to any person who has made an application under paragraph 10T(1)(b) of Schedule 1 to ATCSA and who has not been joined as a party to the case.

Section 5Amendments to the Crown Court Rules 1982

In Rule 8(f), after “Proceeds of Crime Act 2002”, insert “(“POCA”)” and for “that Act”, substitute “POCA” in both places where it occurs.

Section 6Amendments to the Crown Court Rules 1982

After rule 8(f), insert—

(fa) in the case of an appeal under section 303S of POCA —

(i) to any person to whom notice of the order for further detention of property was given in accordance with section 303L(14) of POCA and who has not been joined as a party to the case, and

(ii) to any person who has made an application under section 303V of POCA and who has not been joined as a party to the case.

(fb) in the case of an appeal under section 303Z16 of POCA—

(i) to any person to whom notice of the account freezing order was given in accordance with section 303Z3(5) of POCA and who has not been joined as a party to the case, and

(ii) to any person who has made an application under section 303Z4(1)(b) of POCA and who has not been joined as a party to the case.

Section 7Amendments to the Crown Court Rules 1982

In Part III of Schedule 3 (appeals in which the Notice of Appeal is to state the grounds of appeal)—

(a) in the entry relating to The Anti-terrorism, Crime and Security Act 2001, in the third column, for “paragraph 7” substitute “paragraphs 7, 10K, 10Z4.”;

(b) in the entry relating to the Proceeds of Crime Act 2002, in the third column, for “section 299” substitute “sections 299, 303S, 303Z16.”.

7 sections

Cite this legislation

The Crown Court (Amendment) Rules 2017 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2017-1287

Contains public sector information licensed under the Open Government Licence v3.0.

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