Legalize / United Kingdom / Statutory-Instrument

The Criminal Procedure Rules 2015

Type Statutory-Instrument

Publication 2015-07-03

Last updated 2020-10-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

[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 1865⁶⁵⁵.]

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 2014⁶⁵⁶. 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 2000⁶⁵⁸,

(ii) Schedule 8 or 12 to the Criminal Justice Act 2003⁶⁵⁹,

(iii) Schedule 2 to the Criminal Justice and Immigration Act 2008⁶⁶⁰, or

(iv) the Schedule to the Street Offences Act 1959⁶⁶¹

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 1995⁶⁶²;

‘restraint proceedings’ means proceedings under sections 42 and 58(2) and (3) of the Proceeds of Crime Act 2002⁶⁶³;

‘receivership proceedings’ means proceedings under sections 48, 49, 50, 51, 54(4), 59(2) and (3), 62 and 63 of the 2002 Act⁶⁶⁴;

‘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 2002⁶⁶⁵.

(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 2005⁶⁶⁶ in the same way that they apply to corresponding proceedings under Part 2 of the Proceeds of Crime Act 2002⁶⁶⁷.

(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 2002⁶⁶⁸, 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 2002⁶⁷⁶.]

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 2002⁶⁷⁷ and section 10 of the Modern Slavery Act 2015⁶⁷⁸.]

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 2002⁶⁷⁹and 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 2002⁶⁸⁰ 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 2002⁶⁸¹ 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 2002⁶⁸² 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—

(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 that the prosecutor does not intend to proceed against the defendant.

(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.

(5) If the court orders the discharge of the confiscation order, the court officer must serve notice on any other court responsible for enforcing the order.

[Note. See section 30 of the Proceeds of Crime Act 2002⁶⁸³.]

Application for increase in term of imprisonment in default

33.21

(1) This rule applies where—

(a) a court varies a confiscation order; and

(b) the prosecutor wants the court in consequence to increase the term of imprisonment to be served in default of payment.

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

(a) the name and address of the defendant;

(b) the confiscation order;

(d) the enforcement measures taken, if any.

(3) On receipt of the application, the court officer must—

(a) at once, send to the defendant and any other court responsible for enforcing the order, a copy of the application; and

(b) fix a time, date and place for the hearing and notify the applicant and the defendant of that time, date and place.

(4) If the court makes an order increasing the term of imprisonment in default, the court officer must, at once, send a copy of the order to—

(a) the applicant;

(b) the defendant;

(c) where the defendant is in custody at the time of the making of the order, the person having custody of the defendant; and

(d) any other court responsible for enforcing the order.

[Note. See section 39(5) of the Proceeds of Crime Act 2002⁶⁸⁴.]

Compensation – general

33.22

(1) This rule applies where a person who held realisable property wants the court to award compensation for loss suffered in consequence of anything done in relation to that property in connection with confiscation proceedings.

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

(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 person alleged to be in default; and

(b) the person or authority by whom the compensation would be payable,

at least 7 days before the date fixed by the court for hearing the application, unless the court directs otherwise.

[Note. See section 72 of the Proceeds of Crime Act 2002⁶⁸⁵.]

Compensation – confiscation order made against absconder

33.23

(1) This rule applies where—

(a) the court varies or discharges a confiscation order made against an absconder;

(b) a person who held realisable property suffered loss as a result of the making of that confiscation order; and

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

(a) the confiscation order;

(b) the variation or discharge of the confiscation order;

(d) the loss suffered by the applicant as a result of the confiscation order.

(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 73 of the Proceeds of Crime Act 2002⁶⁸⁶.]

Payment of money in bank or building society account in satisfaction of confiscation order

33.24

(1) An order under section 67 of the Proceeds of Crime Act 2002⁶⁸⁷ requiring a bank or building society to pay money to a magistrates’ court officer (‘a payment order’) shall—

(a) be directed to the bank or building society in respect of which the payment order is made;

(b) name the person against whom the confiscation order has been made;

(d) state the name and address of the branch at which the account in which the money ordered to be paid is held and the sort code of that branch, if the sort code is known;

(e) state the name in which the account in which the money ordered to be paid is held and the account number of that account, if the account number is known;

(f) state the amount which the bank or building society is required to pay to the court officer under the payment order;

(g) give the name and address of the court officer to whom payment is to be made; and

(h) require the bank or building society to make payment within a period of 7 days beginning on the day on which the payment order is made, unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances.

(2) In this rule ‘confiscation order’ has the meaning given to it by section 88(6) of the Proceeds of Crime Act 2002.

Application to realise seized property

33.25

(1) This rule applies where—

(a) property is held by a defendant against whom a confiscation order has been made;

(b) the property has been seized by or produced to an officer; and

(i) to make an order under section 67A of the Proceeds of Crime Act 2002⁶⁸⁸ authorising the realisation of the property towards satisfaction of the confiscation order, or

(ii) to determine any storage, insurance or realisation costs in respect of the property which may be recovered under section 67B of the 2002 Act⁶⁸⁹.

(2) Such an officer must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) any person whom the applicant believes would be affected by an order.

(3) The application must—

(a) specify the property;

(b) explain—

(i) the applicant’s entitlement to apply,

(ii) how the proposed realisation meets the conditions prescribed by section 67A of the 2002 Act, and

(iii) how any storage, etc. costs have been calculated;

(d) propose the terms of the order.

(4) The court may—

(a) determine the application at a hearing, or without a hearing;

(b) consider an application made orally instead of in writing;

(5) If the court authorises the realisation of the property, the applicant must—

(a) notify any person affected by the order who was absent when it was made; and

(b) serve on the court officer a list of those so notified.

[Note. Under section 67A of the Proceeds of Crime Act 2002, one of the officers listed in section 41A of the Act may apply to a magistrates’ court for authority to realise property seized by such an officer if—

(a) a confiscation order has been made against the owner of the property;

(b) no receiver has been appointed in relation to that property; and

Appeal about decision on application to realise seized property

33.26

(1) This rule applies where on an application under rule 33.25 for an order authorising the realisation of property—

(a) a magistrates’ court decides not to make such an order and an officer who is entitled to apply wants to appeal against that decision to the Crown Court, under section 67C(1) of the Proceeds of Crime Act 2002⁶⁹⁰;

(b) a magistrates’ court makes such an order and a person who is affected by that decision, other than the defendant against whom the confiscation order was made, wants to appeal against it to the Crown Court, under section 67C(2) of the 2002 Act;

(c) a magistrates’ court makes a decision about storage, etc. costs and an officer who is entitled to apply wants to appeal against that decision to the Crown Court, under section 67C(4) of the 2002 Act.

(2) The appellant must serve an appeal notice—

(a) on the Crown Court officer and on any other party;

(b) not more than 21 days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 33.25(5).

(3) The appeal notice must—

(a) specify the decision under appeal;

(b) where paragraph (1)(a) applies, explain why the property should be realised;

(4) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 67C of the Proceeds of Crime Act 2002, an officer entitled to apply for an order under section 67A or 67B of that Act (authority to realise seized property towards satisfaction of a confiscation order; determination of storage, etc. costs) may appeal against a refusal to make an order, or against a costs determination; and a person affected by an order, other than the owner, may appeal against the order.]

Application for direction about surplus proceeds

33.27

(1) This rule applies where—

(a) on an application under rule 33.25, a magistrates’ court has made an order authorising an officer to realise property;

(b) an officer so authorised holds proceeds of that realisation;

(d) the officer, or a person who had or has an interest in the property represented by the proceeds, wants a magistrates’ court or the Crown Court to determine under section 67D of the Proceeds of Crime Act 2002⁶⁹¹—

(i) to whom the remaining proceeds should be paid, and

(ii) in what amount or amounts.

(2) Such a person must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) as appropriate, the officer holding the proceeds, or any person to whom such proceeds might be paid.

(3) The application must—

(a) specify the property which was realised;

(b) explain the applicant’s entitlement to apply;

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

(e) 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,

(ii) the applicant, and

(iii) any other person to whom proceeds might be paid;

(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) must not determine the application unless the applicant and each person on whom it was served—

(i) is present, or

(ii) has had an opportunity to attend or to make representations;

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

(i) at a hearing (which must be in private unless the court otherwise directs), or without a hearing,

(ii) in the absence of any party to the application.

[Note. Under section 67D of the Proceeds of Crime Act 2002, a magistrates’ court or the Crown Court may determine to whom, and in what proportions, any surplus proceeds of realisation must be distributed. Once a magistrates’ court has made such a determination, the Crown Court may not do so, and vice versa.]

SEIZURE AND DETENTION PROCEEDINGS

Application for approval to seize property or to search

33.28

(1) This rule applies where an officer who is entitled to apply wants the approval of a magistrates’ court, under section 47G of the Proceeds of Crime Act 2002⁶⁹²—

(a) to seize property, under section 47C of that Act⁶⁹³;

(b) to search premises or a person or vehicle for property to be seized, under section 47D, 47E or 47F of that Act⁶⁹⁴.

(2) Such an officer must—

(a) apply in writing; and

(b) serve the application on the court officer.

(3) The application must—

(a) explain—

(i) the applicant’s entitlement to apply, and

(ii) how the proposed seizure meets the conditions prescribed by sections 47B, 47C and, if applicable, 47D, 47E or 47F of the 2002 Act⁶⁹⁵;

(b) if applicable, specify any premises, person or vehicle to be searched;

(d) propose the terms in which the applicant wants the court to give its approval.

(4) The court—

(a) must determine the application—

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

(ii) in the applicant’s presence;

(b) may consider an application made orally instead of in writing.

[Note. Under section 47C of the Proceeds of Crime Act 2002, if any of the conditions listed in section 47B of the Act are met then one of the officers listed in section 47A may seize property other than cash or exempt property, as defined in the section, if that officer has reasonable grounds for suspecting that—

(a) the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against a defendant; or

(b) the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person.

Application to extend detention period

33.29

(1) This rule applies where an officer who is entitled to apply, or the prosecutor, wants a magistrates’ court to make an order, under section 47M of the Proceeds of Crime Act 2002⁶⁹⁶, extending the period for which seized property may be detained.

(2) Such an officer or prosecutor must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) any person whom the applicant believes would be affected by an order.

(3) The application must—

(a) specify—

(i) the property to be detained, and

(ii) whether the applicant wants it to be detained for a specified period or indefinitely;

(b) explain—

(i) the applicant’s entitlement to apply, and

(ii) how the proposed detention meets the conditions prescribed by section 47M of the 2002 Act;

(d) propose the terms of the order.

(4) The court—

(a) must determine the application—

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

(ii) in the applicant’s presence;

(b) may—

(i) consider an application made orally instead of in writing,

(ii) require service of the application on the court officer after it has been heard, instead of before.

(5) If the court extends the period for which the property may be detained, the applicant must—

(a) notify any person affected by the order who was absent when it was made; and

(b) serve on the court officer a list of those so notified.

[Note. Under section 47M of the Proceeds of Crime Act 2002, one of the officers listed in that section, or the prosecutor, may apply to a magistrates’ court for an order extending the period of 48 hours for which, under section 47J of the Act⁶⁹⁷, property seized under section 47C may be detained.

Application to vary or discharge order for extended detention

33.30

(1) This rule applies where an officer who is entitled to apply, the prosecutor, or a person affected by an order to which rule 33.29 applies, wants a magistrates’ court to vary or discharge that order, under section 47N of the Proceeds of Crime Act 2002⁶⁹⁹.

(2) Such a person must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) as appropriate, the applicant for the order, or any person affected by the order.

(3) The application must—

(a) specify the order and the property detained;

(b) explain—

(i) the applicant’s entitlement to apply,

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

(iii) if applicable, on what grounds the court must discharge the order;

(d) if applicable, propose the terms of any variation; and

(e) 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) must not determine the application unless the applicant and each person on whom it was served—

(i) is present, or

(ii) has had an opportunity to attend or to make representations;

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

(i) at a hearing (which must be in private unless the court otherwise directs), or without a hearing,

(ii) in the absence of any party to the application.

[Note. Under section 47N of the Proceeds of Crime Act 2002, one of the officers listed in section 47M of the Act, the prosecutor, or a person affected by an order under section 47M, may apply to a magistrates’ court for the order to be varied or discharged. Section 47N(3) lists the circumstances in which the court must discharge such an order.

Appeal about property detention decision

33.31

(1) This rule applies where—

(a) on an application under rule 33.29 for an order extending the period for which property may be detained—

(i) a magistrates’ court decides not to make such an order, and

(ii) an officer who is entitled to apply for such an order, or the prosecutor, wants to appeal against that decision to the Crown Court under section 47O(1) of the Proceeds of Crime Act 2002⁷⁰⁰;

(b) on an application under rule 33.30 to vary or discharge an order under rule 33.29—

(i) a magistrates’ court determines the application, and

(ii) a person who is entitled to apply under that rule wants to appeal against that decision to the Crown Court under section 47O(2) of the 2002 Act.

(2) The appellant must serve an appeal notice—

(a) on the Crown Court officer and on any other party;

(b) not more than 21 days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 33.29(5).

(3) The appeal notice must—

(a) specify the decision under appeal;

(b) where paragraph (1)(a) applies, explain why the detention period should be extended;

(4) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 47O of the Proceeds of Crime Act 2002, one of those entitled to apply for an order under section 47M of that Act (extension of detention of property) may appeal against a refusal to make an order, and one of those entitled to apply for the variation or discharge of such an order, under section 47N of that Act, may appeal against the decision on such an application.

RESTRAINT AND RECEIVERSHIP PROCEEDINGS: RULES THAT APPLY GENERALLY

Taking control of goods and forfeiture

33.32

(1) This rule applies to applications under sections 58(2) and (3) and 59(2) and (3) of the Proceeds of Crime Act 2002⁷⁰¹ for leave of the Crown Court to take control of goods or levy distress against property, or to exercise a right of forfeiture by peaceable re-entry in relation to a tenancy, in circumstances where the property or tenancy is the subject of a restraint order or a receiver has been appointed in respect of the property or tenancy.

(2) The application must be made in writing to the Crown Court.

(3) The application must be served on—

(a) the person who applied for the restraint order or the order appointing the receiver; and

(b) any receiver appointed in respect of the property or tenancy,

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

Joining of applications

33.33

An application for the appointment of a management receiver or enforcement receiver under rule 33.56 may be joined with—

(a) an application for a restraint order under rule 33.51; and

(b) an application for the conferral of powers on the receiver under rule 33.57.

Applications to be dealt with in writing

33.34

Applications in restraint proceedings and receivership proceedings are to be dealt with without a hearing, unless the Crown Court orders otherwise.

Business in chambers

33.35

Restraint proceedings and receivership proceedings may be heard in chambers.

Power of court to control evidence

33.36

(1) When hearing restraint proceedings and receivership proceedings, the Crown Court may control the evidence by giving directions as to—

(a) the issues on which it requires evidence;

(b) the nature of the evidence which it requires to decide those issues; and

(2) The court may use its power under this rule to exclude evidence that would otherwise be admissible.

(3) The court may limit cross-examination in restraint proceedings and receivership proceedings.

Evidence of witnesses

33.37

(1) The general rule is that, unless the Crown Court orders otherwise, any fact which needs to be proved in restraint proceedings or receivership proceedings by the evidence of a witness is to be proved by their evidence in writing.

(2) Where evidence is to be given in writing under this rule, any party may apply to the Crown Court for permission to cross-examine the person giving the evidence.

(3) If the Crown Court gives permission under paragraph (2) but the person in question does not attend as required by the order, his evidence may not be used unless the court gives permission.

Witness summons

33.38

(1) Any party to restraint proceedings or receivership proceedings may apply to the Crown Court to issue a witness summons requiring a witness to—

(a) attend court to give evidence; or

(b) produce documents to the court.

(2) Rule 17.3 (Application for summons, warrant or order: general rules) applies to an application under this rule as it applies to an application under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965⁷⁰².

Hearsay evidence

33.39

Section 2(1) of the Civil Evidence Act 1995⁷⁰³ (duty to give notice of intention to rely on hearsay evidence) does not apply to evidence in restraint proceedings and receivership proceedings.

Disclosure and inspection of documents

33.40

(1) This rule applies where, in the course of restraint proceedings or receivership proceedings, an issue arises as to whether property is realisable property.

(2) The Crown Court may make an order for disclosure of documents.

(3) Part 31 of the Civil Procedure Rules 1998⁷⁰⁴ as amended from time to time shall have effect as if the proceedings were proceedings in the High Court.

Court documents

33.41

(1) Any order which the Crown Court issues in restraint proceedings or receivership proceedings must—

(a) state the name and judicial title of the person who made it;

(b) bear the date on which it is made; and

(2) The Crown Court may place the seal on the order—

(a) by hand; or

(b) by printing a facsimile of the seal on the order whether electronically or otherwise.

(3) A document purporting to bear the court’s seal shall be admissible in evidence without further proof.

33.42

(1) This rule applies where all the parties to restraint proceedings or receivership proceedings agree the terms in which an order should be made.

(2) Any party may apply for a judgment or order in the terms agreed.

(3) The Crown Court may deal with an application under paragraph (2) without a hearing.

(4) Where this rule applies—

(a) the order which is agreed by the parties must be drawn up in the terms agreed;

(b) it must be expressed as being ‘By Consent’; and

(c) it must be signed by the legal representative acting for each of the parties to whom the order relates or by the party if he is a litigant in person.

(5) Where an application is made under this rule, then the requirements of any other rule as to the procedure for making an application do not apply.

Slips and omissions

33.43

(1) The Crown Court may at any time correct an accidental slip or omission in an order made in restraint proceedings or receivership proceedings.

(2) A party may apply for a correction without notice.

Supply of documents from court records

33.44

(1) No document relating to restraint proceedings or receivership proceedings may be supplied from the records of the Crown Court for any person to inspect or copy unless the Crown Court grants permission.

(2) An application for permission under paragraph (1) must be made on notice to the parties to the proceedings.

Disclosure of documents in criminal proceedings

33.45

(1) This rule applies where—

(a) proceedings for an offence have been started in the Crown Court and the defendant has not been either convicted or acquitted on all counts; and

(b) an application for a restraint order under section 42(1) of the Proceeds of Crime Act 2002 has been made.

(2) The judge presiding at the proceedings for the offence may be supplied from the records of the Crown Court with documents relating to restraint proceedings and any receivership proceedings.

(3) Such documents must not otherwise be disclosed in the proceedings for the offence.

Preparation of documents

33.46

(1) Every order in restraint proceedings or receivership proceedings must be drawn up by the Crown Court unless—

(a) the Crown Court orders a party to draw it up;

(b) a party, with the permission of the Crown Court, agrees to draw it up; or

(2) The Crown Court may direct that—

(a) an order drawn up by a party must be checked by the Crown Court before it is sealed; or

(b) before an order is drawn up by the Crown Court, the parties must lodge an agreed statement of its terms.

(3) Where an order is to be drawn up by a party—

(a) he must lodge it with the Crown Court no later than 7 days after the date on which the court ordered or permitted him to draw it up so that it can be sealed by the Crown Court; and

(b) if he fails to lodge it within that period, any other party may draw it up and lodge it.

(4) Nothing in this rule shall require the Crown Court to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for some other similar reason.

Order for costs

33.47

(1) This rule applies where the Crown Court is deciding whether to make an order for costs in restraint proceedings or receivership proceedings.

(2) The court has discretion as to—

(a) whether costs are payable by one party to another;

(b) the amount of those costs; and

(3) If the court decides to make an order about costs—

(a) the general rule is that the unsuccessful party must be ordered to pay the costs of the successful party; but

(b) the court may make a different order.

(4) In deciding what order (if any) to make about costs, the court must have regard to all of the circumstances, including—

(a) the conduct of all the parties; and

(b) whether a party has succeeded on part of an application, even if he has not been wholly successful.

(5) The orders which the court may make include an order that a party must pay—

(a) a proportion of another party’s costs;

(b) a stated amount in respect of another party’s costs;

(d) costs incurred before proceedings have begun;

(e) costs relating to particular steps taken in the proceedings;

(f) costs relating only to a distinct part of the proceedings; and

(g) interest on costs from or until a certain date, including a date before the making of an order.

(6) Where the court would otherwise consider making an order under paragraph (5)(f), it must instead, if practicable, make an order under paragraph (5)(a) or (c).

(7) Where the court has ordered a party to pay costs, it may order an amount to be paid on account before the costs are assessed.

[Note. See section 52 of the Senior Courts Act 1981⁷⁰⁵.]

Assessment of costs

33.48

(1) Where the Crown Court has made an order for costs in restraint proceedings or receivership proceedings it may either—

(a) make an assessment of the costs itself; or

(b) order assessment of the costs under rule 45.11.

(2) In either case, the Crown Court or the assessing authority, as the case may be, must—

(a) only allow costs which are proportionate to the matters in issue; and

(b) resolve any doubt which it may have as to whether the costs were reasonably incurred or reasonable and proportionate in favour of the paying party.

(3) The Crown Court or the assessing authority, as the case may be, is to have regard to all the circumstances in deciding whether costs were proportionately or reasonably incurred or proportionate and reasonable in amount.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.