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The Criminal Procedure Rules 2015

Type Statutory-Instrument

Publication 2015-07-03

Last updated 2020-10-05

State In force

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(ii) that the defendant may make such representations now, on oath or affirmation.

(3) Unless the court already has received such representations from the defendant, before it applies rule 24.11 (magistrates’ court procedure if the court convicts) or rule 25.16 (Crown Court procedure if the court convicts), as the case may be, the court must—

(a) ask whether the defendant wants to make any such representations; and

(b) if the answer to that question is ‘yes’, require the defendant to take an oath or affirm and make them.

[Note. For the circumstances in which the court—

(a) may, and in some cases must, order disqualification from driving under the Road Traffic Offenders Act 1988, see sections 26, 34, 35 and 36 of that Act[^f00592];

(b) may, for some reasons or in some circumstances, abbreviate or dispense with a period of disqualification otherwise required by the 1988 Act, see sections 34(1) and 35(1), (4) of that Act;

Application to remove a disqualification from driving

29.2

(1) This rule applies where, on application by the defendant, the court can remove a disqualification from driving.

(2) A defendant who wants the court to exercise that power must—

(a) apply in writing, no earlier than the date on which the court can exercise the power;

(b) serve the application on the court officer; and

(i) specify the disqualification, and

(ii) explain why the defendant wants the court to remove it.

(3) The court officer must serve a copy of the application on the chief officer of police for the local justice area.

[Note. For the circumstances in which the court may remove a disqualification from driving imposed under section 34 or 35 of the Road Traffic Offenders Act 1988, see section 42 of the Act[^f00594]. The court may not consider an application made within 2 years of the disqualification, in any case; or, after that, before a specified period has expired.]

Information to be supplied on order for endorsement of driving record, etc.

29.3

(1) This rule applies where the court—

(a) convicts the defendant of an offence involving obligatory endorsement, and orders there to be endorsed on the defendant’s driving record (and on any counterpart licence, if other legislation requires)—

(i) particulars of the conviction,

(ii) particulars of any disqualification from driving that the court imposes, and

(iii) the penalty points to be attributed to the offence;

(b) disqualifies the defendant from driving for any other offence; or

(2) The court officer must, as soon as practicable, serve on the Secretary of State notice that includes details of—

(a) where paragraph (1)(a) applies—

(i) the local justice area in which the court is acting,

(ii) the dates of conviction and sentence,

(iii) the offence, and the date on which it was committed,

(iv) the sentence, and

(v) the date of birth, and sex, of the defendant, where those details are available;

(b) where paragraph (1)(b) applies—

(i) the date and period of the disqualification,

(ii) the power exercised by the court;

(i) the date and period of the disqualification,

(ii) the date and terms of the order for its suspension or removal,

(iii) the power exercised by the court, and

(iv) where the court suspends the disqualification pending appeal, the court to which the defendant has appealed.

[Note. See sections 39(3), 42(5), 44A, 47 and 97A of the Road Traffic Offenders Act 1988[^f00595].

Statutory declaration to avoid fine after fixed penalty notice

29.4

(1) This rule applies where—

(a) a chief officer of police, or the Secretary of State, serves on the magistrates’ court officer a certificate registering, for enforcement as a fine, a sum payable by a defendant after failure to comply with a fixed penalty notice;

(b) the court officer notifies the defendant of the registration; and

(i) the fixed penalty notice, or any associated notice sent to the defendant as owner of the vehicle concerned, and

(ii) the registration and any enforcement proceedings.

(2) The defendant must serve that statutory declaration not more than 21 days after service of notice of the registration, unless the court extends that time limit.

(3) The court officer must—

(a) serve a copy of the statutory declaration on the person by whom the certificate was registered;

(b) cancel any endorsement on the defendant’s driving record (and on any counterpart licence, if other legislation requires); and

[Note. See sections 72(1), (6), (6A), 73(1) and 74(2) of the Road Traffic Offenders Act 1988[^f00601].

Application for declaration about a course or programme certificate decision

29.5

(1) This rule applies where the court can declare unjustified—

(a) a course provider’s failure or refusal to give a certificate of the defendant’s satisfactory completion of an approved course; or

(b) a programme provider’s giving of a certificate of the defendant’s failure fully to participate in an approved programme.

(2) A defendant who wants the court to exercise that power must—

(a) apply in writing, not more than 28 days after—

(i) the date by which the defendant was required to complete the course, or

(ii) the giving of the certificate of failure fully to participate in the programme;

(b) serve the application on the court officer; and

(i) that the course provider has failed to give a certificate,

(ii) where the course provider has refused to give a certificate, why the defendant disagrees with the reasons for that decision, or

(iii) where the programme provider has given a certificate, why the defendant disagrees with the reasons for that decision.

(3) The court officer must serve a copy of the application on the course or programme provider.

(4) The court must not determine the application unless the defendant, and the course or programme provider, each has had an opportunity to make representations at a hearing (whether or not either in fact attends).

[Note. For the circumstances in which the court may reduce a road traffic penalty on condition that the defendant attend an approved course, or take part in an approved programme, see sections 30A, 34A and 34D of the Road Traffic Offenders Act 1988[^f00604].

Appeal against recognition of foreign driving disqualification

29.6

(1) This rule applies where—

(a) a Minister gives a disqualification notice under section 57 of the Crime (International Co-operation) Act 2003[^f00606]; and

(b) the person to whom it is given wants to appeal under section 59 of the Act[^f00607] to a magistrates’ court.

(2) That person (‘the appellant’) must serve an appeal notice on—

(a) the court officer, at a magistrates’ court in the local justice area in which the appellant lives; and

(b) the Minister, at the address given in the disqualification notice.

(3) The appellant must serve the appeal notice within the period for which section 59 of the 2003 Act provides.

(4) The appeal notice must—

(a) attach a copy of the disqualification notice;

(b) explain which of the conditions in section 56 of the 2003 Act[^f00608] is not met, and why section 57 of the Act therefore does not apply; and

(5) The Minister may serve a respondent’s notice, and must do so if—

(a) the Minister wants to make representations to the court; or

(b) the court so directs.

(6) The Minister must—

(a) unless the court otherwise directs, serve any such respondent’s notice not more than 14days after—

(i) the appellant serves the appeal notice, or

(ii) a direction to do so;

(b) in any such respondent’s notice—

(i) identify the grounds of opposition on which the Minister relies,

(ii) summarise any relevant facts not already included in the disqualification and appeal notices, and

(iii) identify any other document that the Minister thinks the court will need to decide the appeal (and serve any such document with the notice).

(7) Where the court determines an appeal, the general rule is that it must do so at a hearing (which must be in public, unless the court otherwise directs).

(8) The court officer must serve on the Minister—

(a) notice of the outcome of the appeal;

(b) notice of any suspension of the disqualification; and

[Note. Section 56 of the Crime (International Co-operation) Act 2003 sets out the conditions for recognition in the United Kingdom of a foreign driving disqualification, and provides that section 57 of the Act applies where they are met. Under section 57, the appropriate Minister may, and in some cases must, give the person concerned notice that he or she is disqualified in the UK, too, and for what period.

PART 30 — ENFORCEMENT OF FINES AND OTHER ORDERS FOR PAYMENT

Contents of this Part

When this Part applies	rule 30.1
Exercise of court's powers	rule 30.2
Duty to give receipt	rule 30.3
Appeal against decision of fines officer	rule 30.4
Application to reduce a fine, vary payment terms or remit a courts charge	rule 30.5
Claim to avoid fine after penalty notice	rule 30.6
Information to be included in a warrant of control	rule 30.7
Warrant of control: application by enforcement agent for extension of time, etc.	rule 30.8
Warrant of control: application to resolve dispute	rule 30.9
Financial penalties imposed in other European Union member States	rule 30.10

[Note. Part 13 contains rules about warrants for arrest, detention or imprisonment, including such warrants issued for failure to pay fines, etc.

Part 24 contains rules about the procedure on sentencing in a magistrates’ court.

Part 28 contains rules about the exercise of a magistrates’ court’s powers to enforce an order made by another court.]

When this Part applies

30.1

(1) This Part applies where a magistrates’ court can enforce payment of—

(a) a fine, or a sum that legislation requires the court to treat as a fine; or

(b) any other sum that a court has ordered to be paid—

(i) on a conviction, or

(ii) on the forfeiture of a surety.

(2) Rules 30.7 to 30.9 apply where the court, or a fines officer, issues a warrant for an enforcement agent to take control of a defendant’s goods and sell them, using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007[^f00611].

(3) In this Part—

(a) ‘defendant’ means anyone liable to pay a sum to which this Part applies;

(b) ‘payment terms’ means by when, and by what (if any) instalments, such a sum must be paid.

[Note. For the means by which a magistrates’ court may enforce payment, see—

(a) Part 3 of the Magistrates’ Courts Act 1980[^f00612]; and

(b) Schedule 5 to the Courts Act 2003[^f00613]and the Fines Collection Regulations 2006[^f00614].

Exercise of court's powers

30.2

The court must not exercise its enforcement powers unless—

(a) the court officer has served on the defendant any collection order or other notice of—

(i) the obligation to pay,

(ii) the payment terms, and

(iii) how and where the defendant must pay; and

(b) the defendant has failed to comply with the payment terms.

[Note. See section 76 of the Magistrates’ Courts Act 1980[^f00615]; and paragraphs 12 and 13 of Schedule5 to the Courts Act 2003[^f00616].]

Duty to give receipt

30.3

(1) This rule applies where the defendant makes a payment to—

(a) the court officer specified in an order or notice served under rule 30.2;

(b) another court officer;

(i) custodian of the defendant,

(ii) supervisor appointed to encourage the defendant to pay, or

(iii) responsible officer appointed under a community sentence or a suspended sentence of imprisonment; or

(d) a person executing a warrant to which rule 13.6 (warrants for arrest, detention or imprisonment that cease to have effect on payment) or this Part applies.

(2) The person receiving the payment must—

(a) give the defendant a receipt; and

(b) as soon as practicable transmit the payment to the court officer specified in an order or notice served under rule 30.2, if the recipient is not that court officer.

[Note. For the effect of payment to a person executing a warrant to whichrule 13.6 applies, see that rule and sections 79[^f00617]and 125(1)[^f00618]of the Magistrates’ Courts Act 1980.

Appeal against decision of fines officer

30.4

(1) This rule applies where—

(a) a collection order is in force;

(b) a fines officer makes a decision under one of these paragraphs of Schedule 5 to the Courts Act 2003—

(i) paragraph 22 (Application to fines officer for variation of order or attachment of earnings order, etc.),

(ii) paragraph 31[^f00620] (Application to fines officer for variation of reserve terms), or

(iii) paragraph 37[^f00621] (Functions of fines officer in relation to defaulters: referral or further steps notice); and

(2) Unless the court otherwise directs, the defendant must—

(a) appeal in writing not more than 10 business days after the decision;

(b) serve the appeal on the court officer; and

(i) explain why a different decision should be made, and

(ii) specify the decision that the defendant proposes.

(3) Where the court determines an appeal, the general rule is that it must do so at a hearing.

[Note. Under paragraph 12 of Schedule 5 to the Courts Act 2003, where a collection order is in force the court’s powers to deal with the defendant’s liability to pay the sum for which that order was made are subject to the provisions of that Schedule and to fines collection regulations.

Application to reduce a fine, vary payment terms or remit a courts charge

30.5

(1) This rule applies where—

(a) no collection order is in force and the defendant wants the court to—

(i) reduce the amount of a fine, or

(ii) vary payment terms;

(b) the defendant, a fines officer or an enforcement agent wants the court to remit a criminal courts charge.

(2) Unless the court otherwise directs, such a defendant, fines officer or enforcement agent must—

(a) apply in writing;

(b) serve the application on the court officer;

(i) what relevant circumstances have not yet been considered by the court, and

(ii) why the fine should be reduced, or the payment terms varied;

(d) if the application is to remit a criminal courts charge, explain—

(i) how the circumstances meet the time limits and other conditions in section 21E of the Prosecution of Offences Act 1985[^f00623], and

(ii) why the charge should be remitted.

(3) The court may determine an application—

(a) at a hearing, which may be in public or in private; or

(b) without a hearing.

[Note. See sections 75, 85 and 85A of the Magistrates’ Courts Act 1980[^f00624], section 165 of the Criminal Justice Act 2003[^f00625]and section 21E of the Prosecution of Offences Act 1985.

Claim to avoid fine after penalty notice

30.6

(1) This rule applies where—

(a) a chief officer of police serves on the magistrates’ court officer a certificate registering, for enforcement as a fine, a sum payable by a defendant after failure to comply with a penalty notice; and

(b) the court or a fines officer enforces the fine.

(2) A defendant who claims not to be the person to whom the penalty notice was issued must, unless the court otherwise directs—

(a) make that claim in writing; and

(b) serve it on the court officer.

(3) The court officer must—

(a) notify the chief officer of police by whom the certificate was registered; and

(b) refer the case to the court.

(4) Where such a claim is made—

(a) the general rule is that the court must adjourn the enforcement for 28 days and fix a hearing; but

(b) the court may make a different order.

(5) At any such hearing, the chief officer of police must introduce any evidence to contradict the defendant’s claim.

[Note. See section 10 of the Criminal Justice and Police Act 2001[^f00627].

Information to be included in a warrant of control

30.7

(1) A warrant must identify—

(a) each person to whom it is directed;

(b) the defendant against whom it was issued;

(d) the court or fines officer who issued it, unless that is otherwise recorded by the court officer; and

(e) the court office for the court or fines officer who issued it.

(2) A person to whom a warrant is directed must record on it the date and time at which it is received.

(3) A warrant that contains an error is not invalid, as long as—

(a) it was issued in respect of a lawful decision by the court or fines officer; and

(b) it contains enough information to identify that decision.

[Note. See sections 78 and 125ZA of the Magistrates’ Courts Act 1980[^f00629].]

Warrant of control: application by enforcement agent for extension of time, etc.

30.8

(1) This rule applies where an enforcement agent wants the court to exercise a power under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007[^f00630], or under regulations made under that Schedule, to—

(a) shorten or extend a time limit;

(b) give the agent authority to—

(i) enter premises which the agent would not otherwise have authority to enter,

(ii) enter or remain on premises at a time at which the agent would not otherwise have authority to be there,

(iii) use reasonable force, in circumstances in which the agent would not otherwise have authority to use such force,

(iv) sell goods by a method which the agent would not otherwise have authority to use, or

(v) recover disbursements which the agent would not otherwise have authority to recover;

(2) Such an enforcement agent must—

(a) apply in writing;

(b) serve the application on the court officer; and

(3) The application must—

(a) identify the power that the agent wants the court to exercise;

(b) explain how the conditions for the exercise of that power are satisfied, including any condition that requires the agent to give another person notice of the application;

(d) propose the terms of the order that the agent wants the court to make;

(4) A person to whom the enforcement agent has given notice of an application and who wants to make representations to the court must—

(a) serve the representations on—

(i) the court officer,

(ii) the enforcement agent, and

(iii) any other person to whom the enforcement agent gave notice;

(b) do so as soon as reasonably practicable and in any event within such period as the court directs; and

(5) The court—

(a) must not determine an application unless any person to whom the enforcement agent gave notice—

(i) is present, or

(ii) has had a reasonable opportunity to respond;

(b) subject to that, may determine an application—

(i) at a hearing, which must be in private unless the court otherwise directs, or

(ii) without a hearing.

[Note. See paragraphs 8, 15, 20, 21, 25, 31, 32 and 41 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007[^f00631], regulations 6, 9, 13, 22, 25, 28, 29, 41 and 47 of the Taking Control of Goods Regulations 2013[^f00632]and regulation 10 of the Taking Control of Goods (Fees) Regulations 2014[^f00633]. Under paragraph 41 of that Schedule and regulation 41 of the 2013 Regulations, on an application for authority to sell goods otherwise than by public auction the enforcement agent must give notice to a creditor of the defendant in the circumstances described in those provisions.]

Warrant of control: application to resolve dispute

30.9

(1) This rule applies where a defendant’s goods are sold using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and there is a dispute about—

(a) what share of the proceeds of those goods should be paid by the enforcement agent to a co-owner; or

(b) the fees or disbursements sought or recovered by the enforcement agent out of the proceeds.

(2) An enforcement agent, a defendant or a co-owner who wants the court to resolve the dispute must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on

(i) the court officer,

(ii) each other party to the dispute, and

(iii) any other co-owner; and

(3) The application must—

(a) identify the warrant of control;

(b) specify the goods sold, the proceeds, and the fees and disbursements sought or recovered by the enforcement agent;

(d) specify the persons served with the application;

(e) explain the circumstances of the dispute; and

(f) propose the terms of the order that the applicant wants the court to make.

(4) A person served with an application who wants to make representations to the court must—

(a) serve the representations on—

(i) the court officer,

(ii) the applicant, and

(iii) any other person on whom the application was served;

(b) do so as soon as reasonably practicable and in any event within such period as the court directs; and

(5) The court—

(a) must determine an application at a hearing, which must be in private unless the court otherwise directs;

(b) must not determine an application unless each party—

(i) is present, or

(ii) has had a reasonable opportunity to attend.

[Note. See paragraph 50 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007[^f00634], and regulations 15 and 16 of the Taking Control of Goods (Fees) Regulations 2014[^f00635].]

Financial penalties imposed in other European Union member States

30.10

(1) This rule applies where the Lord Chancellor gives the court officer a request to enforce a financial penalty imposed in another European Union member State.

(2) The court officer must serve on the defendant—

(a) notice of the request for enforcement, and of its effect;

(b) a copy of—

(i) the certificate requesting enforcement, and

(ii) the decision requiring payment to which that certificate relates; and

(3) A defendant who wants the court to refuse enforcement must—

(a) serve notice of objection on the court officer;

(b) unless the court otherwise directs, serve that notice not more than 14 days after service of notice of the request; and

(i) identify each ground for refusal on which the defendant relies,

(ii) summarise any relevant facts not already included in the certificate and decision served with the notice of the request, and

(iii) identify any other document that the defendant thinks the court will need to determine the request (and serve any such document with the notice).

(4) The court—

(a) may determine a request for enforcement—

(i) at a hearing, which must be in public unless the court otherwise directs, or

(ii) without a hearing; but

(b) must not allow enforcement unless the defendant has had at least 14 days in which to serve notice of objection.

(5) Paragraphs (2) and (3) do not apply if, on receipt of the request, the court decides that a ground for refusal applies.

(6) The court officer must serve on the Lord Chancellor notice of the court’s decision.

[Note. Under section 84 of the Criminal Justice and Immigration Act 2008[^f00636]—

(a) the Lord Chancellor may receive—

(i) a certificate issued in another European Union member State, requesting enforcement of a financial penalty to which applies the Framework Decision of the Council of the European Union 2005/214/JHA, as amended by Council Framework Decision 2009/299/JHA, on the application of the principle of mutual recognition to financial penalties; and

(ii) the decision requiring payment of the penalty to which that certificate relates; and

(b) the Lord Chancellor must then give the court officer—

(i) that certificate and that decision, and

(ii) a notice stating whether the Lord Chancellor thinks that any of the grounds for refusal of the request apply, and giving reasons for that opinion.

PART 31 — BEHAVIOUR ORDERS

Contents of this Part

When this Part applies	rule 31.1
Behaviour orders: general rules	rule 31.2
Application for behaviour order and notice of terms of proposed order: special rules	rule 31.3
Evidence to assist the court: special rules	rule 31.4
Application to vary or revoke behaviour order	rule 31.5
Notice of hearsay evidence	rule 31.6
Cross-examination of maker of hearsay statement	rule 31.7
Credibility and consistency of maker of hearsay statement	rule 31.8
European protection order to be given effect in another EU member State	rule 31.9
Giving effect to a European protection order made in another EU member State	rule 31.10
Court's power to vary requirements under this Part	rule 31.11

[Note. See Part 3 for the court’s general powers to consider an application and to give directions.]

When this Part applies

31.1

(1) This Part applies where—

(a) a magistrates’ court or the Crown Court can make, vary or revoke a civil order—

(i) as well as, or instead of, passing a sentence, or in any other circumstances in which other legislation allows the court to make such an order, and

(ii) that requires someone to do, or not do, something;

(b) a magistrates’ court or the Crown Court can make a European protection order;

(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[^f00637].

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

(a) on conviction, under—

(i) section 14A of the Football Spectators Act 1989[^f00638](football banning orders),

(ii) section 5 of the Protection from Harassment Act 1997[^f00639](restraining orders),

(iii) sections 1C and 1D of the Crime and Disorder Act 1998[^f00640](anti-social behaviour orders and interim anti-social behaviour orders),

(iv) sections 8 and 9 of the Crime and Disorder Act 1998[^f00641](parenting orders),

(v) section 103A of the Sexual Offences Act 2003[^f00642](sexual harm prevention orders),

(vi) section 19 or 21 of the Serious Crime Act 2007[^f00643](serious crime prevention orders),

(vii) section 22 of the Anti-social Behaviour, Crime and Policing Act 2014[^f00644](criminal behaviour orders),

(viii) section 14 of the Modern Slavery Act 2015[^f00645](slavery and trafficking prevention orders);

(b) on acquittal, under section 5A of the Protection from Harassment Act 1997[^f00646](restraining orders on acquittal);

(c) on the making of a finding of not guilty by reason of insanity, or a finding of disability, under section 14 of the Modern Slavery Act 2015 (slavery and trafficking prevention orders); and

(d) in proceedings for a genital mutilation offence, under paragraph 3 of Schedule 2 to the Female Genital Mutilation Act 2003[^f00647](female genital mutilation protection orders).

Behaviour orders: general rules

31.2

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

(a) to consider—

(i) what order is proposed and why, and

(ii) the evidence in support; and

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

(2) That restriction does not apply to making—

(a) an interim behaviour order, but unless other legislation otherwise provides such an order has no effect unless the person to whom it is directed—

(i) is present when it is made, or

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

(b) a restraining order that gives effect to a European protection order, where rule 31.10 applies (Giving effect to a European protection order made in another EU member State).

(3) Where the court decides not to make, where it could—

(a) a football banning order; or

(b) a parenting order, after a person under 16 is convicted of an offence,

the court must announce, at a hearing in public, the reasons for its decision.

(4) Where the court makes an order which imposes one or more of the prohibitions or restrictions listed in rule 31.9(1), the court must arrange for someone to explain to the person who benefits from that protection—

(a) that that person may apply for a European protection order, if he or she decides to reside or stay in another European Union member State;

(b) the basic conditions for making such an application; and

[Note. The Acts listed in the note to rule 31.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order.

Application for behaviour order and notice of terms of proposed order: special rules

31.3

(1) This rule applies where—

(a) a prosecutor wants the court to make—

(i) an anti-social behaviour order (but this rule does not apply to an application for an interim anti-social behaviour order),

(ii) a serious crime prevention order, or

(iii) a criminal behaviour order; or

(b) a prosecutor proposes, on the prosecutor’s initiative or at the court’s request a sexual harm prevention order,

if the defendant is convicted.

(2) Where paragraph (1)(a) applies, 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

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

(3) A notice under paragraph (2) must—

(a) summarise the relevant facts;

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

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

(4) A defendant served with a notice under paragraph (2) must—

(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) Where paragraph (1)(b) applies, the prosecutor must—

(a) serve a draft order on the court officer and on the defendant not less than 2 business days before the hearing at which the order may be made;

(b) in a case in which a sexual harm prevention order is proposed, in the draft order specify those prohibitions which the prosecutor proposes as necessary for the purpose of—

(i) protecting the public or any particular members of the public from sexual harm from the defendant, or

(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(6) Where the prosecutor wants the court to make an anti-social behaviour order or a criminal behaviour order, the rules about special measures directions in Part 18 (Measures to assist a witness or defendant to give evidence) apply, but—

(a) the prosecutor must apply when serving a notice under paragraph (2); and

(b) the time limits in rule 18.3(a) do not apply.

[Note. The Practice Direction sets out a form of notice for use in connection with this rule.

Evidence to assist the court: special rules

31.4

(1) This rule applies where the court can make on its own initiative—

(a) a football banning order;

(b) a restraining order; or

(2) A party who wants the court to take account of evidence not already introduced 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 the notice, identify that evidence; and

[Note. If a party relies on hearsay evidence, see also rules 31.6, 31.7, and 31.8.]

Application to vary or revoke behaviour order

31.5

(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 protected or affected by the order,

(iv) the relevant authority or responsible officer,

(v) the relevant Chief Officer of Police,

(vi) the Director of Public Prosecutions, or

(vii) the Director of the Serious Fraud Office.

(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—

(i) what material circumstances have changed since the order was made, and

(ii) why the order should be varied or revoked as a result; and

(b) serve the application on—

(i) the court officer,

(ii) as appropriate, the prosecutor or defendant, and

(iii) any other person listed in paragraph (1)(b), if the court so directs.

(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,

(ii) as appropriate, the prosecutor or defendant, and

(iii) any other person listed in paragraph (1)(b) on whom the court directed the application to be served; 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 required to be served, by this rule or by the court, has had at least 14 days in which to make representations, including representations about whether there should be a hearing.

(6) The court officer must—

(a) serve the application on any person, if the court so directs; and

(b) give notice of any hearing to—

(i) the applicant, and

(ii) any person required to be served, by this rule or by the court.

[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. Under section 22E of the Serious Crime Act 2007[^f00653], where a person already subject to a serious crime prevention order is charged with a serious offence or with an offence of failing to comply with the order, the court may vary the order so that it continues in effect until that prosecution concludes.

Notice of hearsay evidence

31.6

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

(a) serve a 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 notice and more than one witness.

[Note. For the time within which to serve a notice of hearsay evidence, see rule 31.3(2) to (4), rule 31.4(2) and rule 31.5(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.

Cross-examination of maker of hearsay statement

31.7

(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.]

Credibility and consistency of maker of hearsay statement

31.8

(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 the hearsay notice was served

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[^f00655].]

European protection order to be given effect in another EU member State

31.9

(1) This rule applies where—

(a) a person benefits from the protection of one or more of the following prohibitions or restrictions imposed on another person by an order of a court in England and Wales when dealing with a criminal cause or matter—

(i) a prohibition from entering certain localities, places or defined areas where the protected person resides or visits,

(ii) a prohibition or restriction of contact with the protected person by any means (including by telephone, post, facsimile transmission or electronic mail),

(iii) a prohibition or restriction preventing the other person from approaching the protected person whether at all or to within a particular distance; and either

(b) that protected person wants the Crown Court or a magistrates’ court to make a European protection order to supplement such an order; or

(c) the court varies or revokes such a prohibition or restriction in such an order and correspondingly amends or revokes a European protection order already made.

(2) Such a protected person—

(a) may apply orally or in writing to the Crown Court at the hearing at which the order imposing the prohibition or restriction is made by that court; or

(b) in any other case, must apply in writing to a magistrates’ court and serve the application on the court officer.

(3) The application must—

(a) identify the prohibition or restriction that the European protection order would supplement;

(b) identify the date, if any, on which that prohibition or restriction will expire;

(c) specify the European Union member State in which the applicant has decided to reside or stay, or in which he or she already is residing or staying;

(d) indicate the length of the period for which the applicant intends to reside or stay in that member State;

(e) explain why the applicant needs the protection of that measure while residing or staying in that member State; and

(f) include any other information of which the applicant wants the court to take account.

(4) Where the court makes or amends a European protection order, the court officer must—

(a) issue an order in the form required by Directive 2011/99/EU;

(b) serve on the competent authority of the European Union member State in which the protected person has decided to reside or stay—

(i) a copy of that form, and

(ii) a copy of the form translated into an official language of that member State, or into an official language of the European Union if that member State has declared that it will accept a translation in that language.

(5) Where the court revokes a European protection order, the court officer must without delay so inform that authority.

(6) Where the court refuses to make a European protection order, the court officer must arrange for the protected person to be informed of any available avenue of appeal or review against the court’s decision.

[Note. See regulations 3 to 10 of the Criminal Justice (European Protection Order) Regulations 2014[^f00656]. Under regulation 5, an application by a protected person to which this rule applies may be made to an authority in another European Union member State and transferred to the Lord Chancellor for submission to a magistrates’ court.

Giving effect to a European protection order made in another EU member State

31.10

(1) This rule applies where the Lord Chancellor serves on the court officer—

(a) a request by an authority in another European Union member State to give effect to a European protection order;

(b) a request by such an authority to give effect to a variation of such an order; or

(2) In the case of a request to which paragraph (1) refers, the court officer must, without undue delay—

(a) arrange for the court to consider the request;

(b) serve on the requesting authority—

(i) notice of any further information required by the court, and

(ii) subject to any such requirement and any response, notice of the court’s decision;

(i) include in the notice served on the requesting authority the terms of the restraining order made by the court,

(ii) serve notice of those terms, and of the potential legal consequences of breaching them, on the person restrained by the order made by the court and on the person protected by that order, and

(iii) serve notice on the Lord Chancellor of any breach of the restraining order which is reported to the court;

(d) where the court refuses to give effect to the European protection order—

(i) include in the notice served on the requesting authority the grounds for the refusal,

(ii) where appropriate, inform the protected person, or any representative or guardian of that person, of the possibility of applying for a comparable order under the law of England and Wales, and

(iii) arrange for that person, representative or guardian to be informed of any available avenue of appeal or review against the court’s decision.

(3) In the case of a notice to which paragraph (1) refers, the court officer must, as soon as possible, arrange for the court to act on that notice.

(4) Unless the court otherwise directs, the court officer must omit from any notice served on a person against whom a restraining order may be, or has been, made the address or contact details of the person who is the object of the European protection order.

[Note. See regulations 11 to 19 of the Criminal Justice (European Protection Order) Regulations 2014.

Court's power to vary requirements under this Part

31.11

Unless other legislation otherwise provides, 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.

PART 32 — BREACH, REVOCATION AND AMENDMENT OF COMMUNITY AND OTHER ORDERS

Contents of this Part

When this Part applies	rule 32.1
Application by responsible officer or supervisor	rule 32.2
Application by defendant or person affected	rule 32.3
Procedure on application by responsible officer or supervisor	rule 32.4

When this Part applies

32.1

This Part applies where—

(a) the person responsible for a defendant’s compliance with an order to which applies—

(i) Schedule 3, 5, 7 or 8 to the Powers of Criminal Courts (Sentencing) Act 2000[^f00658],

(ii) Schedule 8 or 12 to the Criminal Justice Act 2003[^f00659],

(iii) Schedule 2 to the Criminal Justice and Immigration Act 2008[^f00660], or

(iv) the Schedule to the Street Offences Act 1959[^f00661]

wants the court to deal with that defendant for failure to comply;

(b) one of the following wants the court to exercise any power it has to revoke or amend such an order—

(i) the responsible officer or supervisor,

(ii) the defendant, or

(iii) where the legislation allows, a person affected by the order; or

[Note. In the Powers of Criminal Courts (Sentencing) Act 2000—

(a) Schedule 3 deals with the breach, revocation and amendment of curfew orders and exclusion orders;

(b) Schedule 5 deals with the breach, revocation and amendment of attendance centre orders;

(d) Schedule 8 deals with the breach, revocation and amendment of action plan orders and reparation orders; and

(e) Schedules 3, 5 and 7 are repealed, with savings for existing orders, by the relevant provisions of the Criminal Justice and Immigration Act 2008; and, with savings for existing orders, Schedule 8 no longer refers to action plan orders.

Application by responsible officer or supervisor

32.2

(1) This rule applies where—

(a) the responsible officer or supervisor wants the court to—

(i) deal with a defendant for failure to comply with an order to which this Part applies, or

(ii) revoke or amend such an order; or

(b) the court considers exercising on its own initiative any power it has to—

(i) revoke or amend such an order, and

(ii) summon the defendant to attend for that purpose.

(2) Rules 7.2 to 7.4, which deal, among other things, with starting a prosecution in a magistrates’ court by information and summons, apply—

(a) as if—

(i) a reference in those rules to an allegation of an offence included a reference to an allegation of failure to comply with an order to which this Part applies, and

(ii) a reference to the prosecutor included a reference to the responsible officer or supervisor; and

(b) with the necessary consequential modifications.

Application by defendant or person affected

32.3

(1) This rule applies where—

(a) the defendant wants the court to exercise any power it has to revoke or amend an order to which this Part applies; or

(b) where the legislation allows, a person affected by such an order wants the court to exercise any such power.

(2) That defendant, or person affected, must—

(a) apply in writing, explaining why the order should be revoked or amended; and

(b) serve the application on—

(i) the court officer,

(ii) the responsible officer or supervisor, and

(iii) as appropriate, the defendant or the person affected.

Procedure on application by responsible officer or supervisor

32.4

(1) Except for rules 24.8 (Written guilty plea: special rules) and 24.9 (Single justice procedure: special rules), the rules in Part 24, which deal with the procedure at a trial in a magistrates’ court, apply—

(a) as if—

(i) a reference in those rules to an allegation of an offence included a reference to an allegation of failure to comply with an order to which this Part applies,

(ii) a reference to the court’s verdict included a reference to the court’s decision to revoke or amend such an order, or to exercise any other power it has to deal with the defendant, and

(iii) a reference to the court’s sentence included a reference to the exercise of any such power; and

(b) with the necessary consequential modifications.

(2) The court officer must serve on each party any order revoking or amending an order to which this Part applies.

Contents of this Part

General rules
Interpretation	rule 33.1
Calculation of time	rule 33.2
Court office closed	rule 33.3
Application for registration of Scottish or Northern Ireland order	rule 33.4
Application to vary or set aside registration	rule 33.5
Register of orders	rule 33.6
Statements of truth	rule 33.7
Use of witness statements for other purposes	rule 33.8
Service of documents	rule 33.9
Service outside the jurisdiction	rule 33.10
Certificates of service	rule 33.11
External requests and orders	rule 33.12

Confiscation proceedings
Statements in connection with confiscation orders	rule 33.13
Application for compliance order	rule 33.14
Application for reconsideration	rule 33.15
Application for new calculation of available amount	rule 33.16
Variation of confiscation order due to inadequacy of available amount	rule 33.17
Application by magistrates' court officer to discharge confiscation order	rule 33.18
Application for variation of confiscation order made against an absconder	rule 33.19
Application for discharge of confiscation order made against an absconder	rule 33.20
Application for increase in term of imprisonment in default	rule 33.21
Compensation – general	rule 33.22
Compensation – confiscation order made against absconder	rule 33.23
Payment of money in bank or building society account
in satisfaction of confiscation order	rule 33.24
Application to realise seized property	rule 33.25
Appeal about decision on application to realise seized property	rule 33.26
Application for direction about surplus proceeds	rule 33.27

Seizure and detention proceedings
Application for approval to seize property or to search	rule 33.28
Application to extend detention period	rule 33.29
Application to vary or discharge order for extended detention	rule 33.30
Appeal about property detention decision	rule 33.31

Restraint and receivership proceedings: rules that apply generally
Taking control of goods and forfeiture	rule 33.32
Joining of applications	rule 33.33
Applications to be dealt with in writing	rule 33.34
Business in chambers	rule 33.35
Power of court to control evidence	rule 33.36
Evidence of witnesses	rule 33.37
Witness summons	rule 33.38
Hearsay evidence	rule 33.39
Disclosure and inspection of documents	rule 33.40
Court documents	rule 33.41
Consent orders	rule 33.42
Slips and omissions	rule 33.43
Supply of documents from court records	rule 33.44
Disclosure of documents in criminal proceedings	rule 33.45
Preparation of documents	rule 33.46
Order for costs	rule 33.47
Assessment of costs	rule 33.48
Time for complying with an order for costs	rule 33.49
Application of costs rules	rule 33.50

Restraint proceedings
Application for restraint order or ancillary order	rule 33.51
Restraint and ancillary orders	rule 33.52
Application for discharge or variation of restraint or ancillary order
by a person affected by the order	rule 33.53
Application for variation of restraint or ancillary order
by the person who applied for the order	rule 33.54
Application for discharge of restraint or ancillary order
by the person who applied for the order	rule 33.55

Receivership proceedings
Application for appointment of a management or an enforcement receiver	rule 33.56
Application for conferral of powers on a management receiver
or an enforcement receiver	rule 33.57
Applications for discharge or variation of receivership orders
and applications for other orders	rule 33.58
Sums in the hands of receivers	rule 33.59
Security	rule 33.60
Remuneration	rule 33.61
Accounts	rule 33.62
Non-compliance by receiver	rule 33.63

Proceedings under the Criminal Justice Act 1988
and the Drug Trafficking Act 1994
Statements, etc. relevant to making confiscation orders	rule 33.64
Postponed determinations	rule 33.65
Confiscation orders – revised assessments	rule 33.66
Application to the Crown Court to discharge or vary order
to make material available	rule 33.67
Application to the Crown Court for increase in term of imprisonment
in default of payment	rule 33.68
Drug trafficking – compensation on acquittal in the Crown Court	rule 33.69

Contempt proceedings
Application to punish for contempt of court	rule 33.70

GENERAL RULES

Interpretation

33.1

In this Part:

‘document’ means anything in which information of any description is recorded;

‘hearsay evidence’ means evidence consisting of hearsay within the meaning of section 1(2) of the Civil Evidence Act 1995[^f00662];

‘restraint proceedings’ means proceedings under sections 42 and 58(2) and (3) of the Proceeds of Crime Act 2002[^f00663];

‘receivership proceedings’ means proceedings under sections 48, 49, 50, 51, 54(4), 59(2) and (3), 62 and 63 of the 2002 Act[^f00664];

‘witness statement’ means a written statement signed by a person which contains the evidence, and only that evidence, which that person would be allowed to give orally; and words and expressions used have the same meaning as in Part 2 of the 2002 Act.

Calculation of time

33.2

(1) This rule shows how to calculate any period of time for doing any act which is specified by this Part for the purposes of any proceedings under Part 2 of the Proceeds of Crime Act 2002 or by an order of the Crown Court in restraint proceedings or receivership proceedings.

(2) A period of time expressed as a number of days shall be computed as clear days.

(3) In this rule ‘clear days’ means that in computing the number of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs,

are not included.

(4) Where the specified period is 5 days or less and includes a day which is not a business day that day does not count.

Court office closed

33.3

When the period specified by this Part, or by an order of the Crown Court under Part 2 of the Proceeds of Crime Act 2002, for doing any act at the court office falls on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open.

Application for registration of Scottish or Northern Ireland order

33.4

(1) This rule applies to an application for registration of an order under article 6 of the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002[^f00665].

(2) The application may be made without notice.

(3) The application must be in writing and may be supported by a witness statement which must—

(a) exhibit the order or a certified copy of the order; and

(b) to the best of the witness’s ability, give full details of the realisable property located in England and Wales in respect of which the order was made and specify the person holding that realisable property.

(4) If the court registers the order, the applicant must serve notice of the registration on—

(a) any person who holds realisable property to which the order applies; and

(b) any other person whom the applicant knows to be affected by the order.

(5) The permission of the Crown Court under rule 33.10 (Service outside the jurisdiction) is not required to serve the notice outside England and Wales.

Application to vary or set aside registration

33.5

(1) An application to vary or set aside registration of an order under article 6 of the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 may be made to the Crown Court by—

(a) any person who holds realisable property to which the order applies; and

(b) any other person affected by the 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 must be served on the person who applied for registration at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(5) No property in England and Wales may be realised in pursuance of the order before the Crown Court has decided the application.

Register of orders

33.6

(1) The Crown Court must keep, under the direction of the Lord Chancellor, a register of the orders registered under article 6 of the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002.

(2) The register must include details of any variation or setting aside of a registration under rule 33.5 and of any execution issued on a registered order.

(3) If the person who applied for registration of an order which is subsequently registered notifies the Crown Court that the court which made the order has varied or discharged the order, details of the variation or discharge, as the case may be, must be entered in the register.

Statements of truth

33.7

(1) Any witness statement required to be served by this Part must be verified by a statement of truth contained in the witness statement.

(2) A statement of truth is a declaration by the person making the witness statement to the effect that the witness statement is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true.

(3) The statement of truth must be signed by the person making the witness statement.

(4) If the person making the witness statement fails to verify the witness statement by a statement of truth, the Crown Court may direct that it shall not be admissible as evidence.

Use of witness statements for other purposes

33.8

(1) Except as provided by this rule, a witness statement served in proceedings under Part 2 of the Proceeds of Crime Act 2002 may be used only for the purpose of the proceedings in which it is served.

(2) Paragraph (1) does not apply if and to the extent that—

(a) the witness gives consent in writing to some other use of it;

(b) the Crown Court gives permission for some other use; or

Service of documents

33.9

(1) Rule 49.1 (Notice required to accompany process served outside the United Kingdom and translations) shall not apply in restraint proceedings and receivership proceedings.

(2) An order made in restraint proceedings or receivership proceedings may be enforced against the defendant or any other person affected by it notwithstanding that service of a copy of the order has not been effected in accordance with Part 4 if the Crown Court is satisfied that the person had notice of the order by being present when the order was made.

Service outside the jurisdiction

33.10

(1) Where this Part requires a document to be served on someone who is outside England and Wales, it may be served outside England and Wales with the permission of the Crown Court.

(2) Where a document is to be served outside England and Wales it may be served by any method permitted by the law of the country in which it is to be served.

(3) Nothing in this rule or in any court order shall authorise or require any person to do anything in the country where the document is to be served which is against the law of that country.

(4) Where this Part requires a document to be served a certain period of time before the date of a hearing and the recipient does not appear at the hearing, the hearing must not take place unless the Crown Court is satisfied that the document has been duly served.

Certificates of service

33.11

(1) Where this Part requires that the applicant for an order in restraint proceedings or receivership proceedings serve a document on another person, the applicant must lodge a certificate of service with the Crown Court within 7 days of service of the document.

(2) The certificate must state—

(a) the method of service;

(b) the date of service; and

(c) if the document is served under rule 4.9 (Service by another method), such other information as the court may require when making the order permitting service by that method.

(3) Where a document is to be served by the Crown Court in restraint proceedings and receivership proceedings and the court is unable to serve it, the court must send a notice of non-service stating the method attempted to the party who requested service.

External requests and orders

33.12

(1) The rules in this Part and in Part 42 (Appeal to the Court of Appeal in confiscation and related proceedings) apply with the necessary modifications to proceedings under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005[^f00666] in the same way that they apply to corresponding proceedings under Part 2 of the Proceeds of Crime Act 2002[^f00667].

(2) This table shows how provisions of the 2005 Order correspond with provisions of the 2002 Act.

Article of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005	Section of the Proceeds of Crime Act 2002
8	41
9	42
10	43
11	44
15	48
16	49
17	58
23	31
27	50
28	51
41	62
42	63
44	65
45	66

CONFISCATION PROCEEDINGS

Statements in connection with confiscation orders

33.13

(1) This rule applies where—

(a) the court can make a confiscation order; and

(b) the prosecutor asks the court to make such an order, or the court decides to make such an order on its own initiative.

(2) Within such periods as the court directs—

(a) if the court so orders, the defendant must give such information, in such manner, as the court directs;

(b) the prosecutor must serve a statement of information relevant to confiscation on the court officer and the defendant;

(i) the defendant must serve a response notice on the court officer and the prosecutor, and

(ii) the parties must identify what is in dispute.

(3) Where it appears to the court that a person other than the defendant holds, or may hold, an interest in property held by the defendant which property is likely to be realised or otherwise used to satisfy a confiscation order—

(a) the court must not determine the extent of the defendant’s interest in that property unless that other person has had a reasonable opportunity to make representations; and

(b) the court may order that other person to give such information, in such manner and within such a period, as the court directs.

(4) The court may—

(a) shorten or extend a time limit which it has set;

(b) vary, discharge or supplement an order which it has made;

(5) A prosecutor’s statement of information must—

(a) identify the maker of the statement and show its date;

(b) identify the defendant in respect of whom it is served;

(c) specify the conviction which gives the court power to make the confiscation order, or each conviction if more than one;

(d) if the prosecutor believes the defendant to have a criminal lifestyle, include such matters as the prosecutor believes to be relevant in connection with deciding—

(i) whether the defendant has such a lifestyle,

(ii) whether the defendant has benefited from his or her general criminal conduct,

(iii) the defendant’s benefit from that conduct, and

(iv) whether the court should or should not make such assumptions about the defendant’s property as legislation permits;

(e) if the prosecutor does not believe the defendant to have a criminal lifestyle, include such matters as the prosecutor believes to be relevant in connection with deciding—

(i) whether the defendant has benefited from his or her particular criminal conduct, and

(ii) the defendant’s benefit from that conduct;

(f) in any case, include such matters as the prosecutor believes to be relevant in connection with deciding—

(i) whether to make a determination about the extent of the defendant’s interest in property in which another person holds, or may hold, an interest, and

(ii) what determination to make, if the court decides to make one.

(6) A defendant’s response notice must—

(a) indicate the extent to which the defendant accepts the allegations made in the prosecutor’s statement of information; and

(b) so far as the defendant does not accept an allegation, give particulars of any matters on which the defendant relies,

in any manner directed by the court.

(7) The court must satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary)—

(a) that if the defendant accepts to any extent an allegation in a prosecutor’s statement of information, then the court may treat that as conclusive for the purposes of deciding whether the defendant has benefited from general or particular criminal conduct, and if so by how much;

(b) that if the defendant fails in any respect to comply with a direction to serve a response notice, then the court may treat that as acceptance of each allegation to which the defendant has not replied, except the allegation that the defendant has benefited from general or particular criminal conduct; and

(c) that if the defendant fails without reasonable excuse to comply with an order to give information, then the court may draw such inference as it believes is appropriate.

[Note. Under section 6 of the Proceeds of Crime Act 2002[^f00668], where a defendant is convicted of an offence the Crown Court must (with some exceptions)—

(a) decide whether the defendant has ‘a criminal lifestyle’, within the meaning of the Act, or has benefited from particular criminal conduct;

(b) decide the ‘recoverable amount’, within the meaning of the Act; and

Application for compliance order

33.14

(1) This rule applies where—

(a) the prosecutor wants the court to make a compliance order after a confiscation order has been made;

(b) the prosecutor or a person affected by a compliance order wants the court to vary or discharge the order.

(2) Such a prosecutor or person must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) as appropriate, the prosecutor and any person who is affected by the compliance order (or who would be affected if it were made), unless the court otherwise directs.

(3) The application must—

(a) specify—

(i) the confiscation order,

(ii) the compliance order, if it is an application to vary or discharge that order;

(b) if it is an application for a compliance order—

(i) specify each measure that the prosecutor proposes to ensure that the confiscation order is effective, including in particular any restriction or prohibition on the defendant’s travel outside the United Kingdom, and

(ii) explain why each such measure is appropriate;

(i) specify any proposed variation, and

(ii) explain why it is appropriate for the order to be varied or discharged;

(d) attach any material on which the applicant relies;

(e) propose the terms of the order; and

(f) ask for a hearing, if the applicant wants one, and explain why it is needed.

(4) A person who wants to make representations about the application must—

(a) serve the representations on—

(i) the court officer, and

(ii) the applicant;

(b) do so as soon as reasonably practicable after service of the application;

(d) ask for a hearing, if that person wants one, and explain why it is needed.

(5) The court—

(a) may determine the application at a hearing (which must be in private unless the court otherwise directs), or without a hearing;

(b) may dispense with service on any person of a prosecutor’s application for a compliance order if, in particular—

(i) the application is urgent, or

(ii) there are reasonable grounds for believing that to give notice of the application would cause the dissipation of property that otherwise would be available to satisfy the confiscation order.

[Note. See section 13A of the Proceeds of Crime Act 2002[^f00676].]

Application for reconsideration

33.15

(1) This rule applies where the prosecutor wants the court, in view of fresh evidence—

(a) to consider making a confiscation order where the defendant was convicted but no such order was considered;

(b) to reconsider a decision that the defendant had not benefited from criminal conduct;

(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;

(d) any slavery and trafficking reparation order made by virtue of any relevant confiscation order;

(e) the grounds for the application; and

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

(3) The application must be served on the court officer.

(4) The application must be served on the defendant at least 7 days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.

[Note. See sections 19, 20 and 21 of the Proceeds of Crime Act 2002[^f00677] and section 10 of the Modern Slavery Act 2015[^f00678].]

Application for new calculation of available amount

33.16

(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; and

(b) must identify any slavery and trafficking reparation order made by virtue of the confiscation order.

(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

at least 7 days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.

[Note. See section 22 of the Proceeds of Crime Act 2002[^f00679]and section 10 of the Modern Slavery Act 2015.]

Variation of confiscation order due to inadequacy of available amount

33.17

(1) This rule applies where the defendant, the prosecutor or a receiver wants the court to vary a confiscation order because the amount available is inadequate.

(2) The application—

(a) must be in writing and may be supported by a witness statement; and

(b) must identify any slavery and trafficking reparation order made by virtue of the confiscation order.

(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 prosecutor;

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

at least 7 days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.

[Note. See section 23 of the Proceeds of Crime Act 2002[^f00680] and section 10 of the Modern Slavery Act 2015.]

Application by magistrates' court officer to discharge confiscation order

33.18

(1) This rule applies where a magistrates’ court officer wants the court to discharge a confiscation order because the amount available is inadequate or the sum outstanding is very small.

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

(a) the confiscation order;

(b) any slavery and trafficking reparation order made by virtue of the confiscation order;

(d) the grounds for the application.

(3) The application must be served on—

(a) the defendant;

(b) the prosecutor; and

(4) The court may determine the application without a hearing unless a person listed in paragraph (3) indicates, within 7 days after the application was served, that he or she would like to make representations.

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

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

(b) the defendant;

(d) any receiver.

[Note. See sections 24 and 25 of the Proceeds of Crime Act 2002[^f00681] and section 10 of the Modern Slavery Act 2015.]

Application for variation of confiscation order made against an absconder

33.19

(1) This rule applies where the defendant wants the court to vary a confiscation order made while the defendant was an absconder.

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

(a) the confiscation order;

(b) any slavery and trafficking reparation order made by virtue of the confiscation order;

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

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

(3) The application and witness statement must be served on the court officer.

(4) The application and witness statement must be served on the prosecutor at least 7 days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.

[Note. See section 29 of the Proceeds of Crime Act 2002[^f00682] and section 10 of the Modern Slavery Act 2015.]

Application for discharge of confiscation order made against an absconder

33.20

(1) This rule applies where the defendant wants the court to discharge a confiscation order made while the defendant was an absconder and—

(a) the defendant since has been tried and acquitted of each offence concerned; or

(b) the prosecution has not concluded or is not to proceed.

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

(a) the confiscation order;

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

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

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The Criminal Procedure Rules 2015

Application to remove a disqualification from driving

29.2

Information to be supplied on order for endorsement of driving record, etc.

29.3

Statutory declaration to avoid fine after fixed penalty notice

29.4

Application for declaration about a course or programme certificate decision

29.5

Appeal against recognition of foreign driving disqualification

29.6

PART 30 — ENFORCEMENT OF FINES AND OTHER ORDERS FOR PAYMENT

When this Part applies

30.1

Exercise of court's powers

30.2

Duty to give receipt

30.3

Appeal against decision of fines officer

30.4

Application to reduce a fine, vary payment terms or remit a courts charge

30.5

Claim to avoid fine after penalty notice

30.6

Information to be included in a warrant of control

30.7

Warrant of control: application by enforcement agent for extension of time, etc.

30.8

Warrant of control: application to resolve dispute

30.9

Financial penalties imposed in other European Union member States

30.10

PART 31 — BEHAVIOUR ORDERS

When this Part applies

31.1

Behaviour orders: general rules

31.2

Application for behaviour order and notice of terms of proposed order: special rules

31.3

Evidence to assist the court: special rules

31.4

Application to vary or revoke behaviour order

31.5

Notice of hearsay evidence

31.6

Cross-examination of maker of hearsay statement

31.7

Credibility and consistency of maker of hearsay statement

31.8

European protection order to be given effect in another EU member State

31.9

Giving effect to a European protection order made in another EU member State

31.10

Court's power to vary requirements under this Part

31.11

PART 32 — BREACH, REVOCATION AND AMENDMENT OF COMMUNITY AND OTHER ORDERS

When this Part applies

32.1

Application by responsible officer or supervisor

32.2

Application by defendant or person affected

32.3

Procedure on application by responsible officer or supervisor

32.4

PART 33 — CONFISCATION AND RELATED PROCEEDINGS

GENERAL RULES

Interpretation

33.1

Calculation of time

33.2

Court office closed

33.3

Application for registration of Scottish or Northern Ireland order

33.4

Application to vary or set aside registration

33.5

Register of orders

33.6

Statements of truth

33.7