http://www.legislation.gov.uk/id/uksi/2003/82

http://www.legislation.gov.uk/uksi/2003/82/article/9/made

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

Courts of law

UK Parliament

Crime

Hearings

Witnesses

King's Printer of Acts of Parliament

2017-06-12

PROCEEDS OF CRIME

This Order makes provision corresponding to provision in the Criminal Appeal Act 1968 (“the 1968 Act”) with modifications for the purposes of three new appeals introduced by the Proceeds of Crime Act 2002 (“the 2002 Act”). The first is an appeal under section 31 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 33 of the 2002 Act) by the prosecutor or Director of the Assets Recovery Agency against a confiscation order or a failure of the Crown Court to make a confiscation order. The second is an appeal under section 43 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 44 of the 2002 Act) in respect of decisions of the Crown Court about restraint orders. The third is an appeal under section 65 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 66 of the 2002 Act) in respect of decisions of the Crown Court about receivers.

Pt. 3 heading

art. 3(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

The Constitutional Reform Act 2005 (Consequential Amendments) Order 2011

art. 11 heading

art. 3(3)(a)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

The Constitutional Reform Act 2005 (Consequential Amendments) Order 2011

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 6(3)-(7)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 7

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 8(1)(ca)

(cb)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 9(b)

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 9(1)(a)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 10(a)

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 9(1)(aa)

(ab)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 10(b)

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 10A-10C

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 12

art. 1(2)

PART 2—APPEALS TO COURT OF APPEAL

Powers of Court of Appeal which are exercisable by registrar9

1

The following powers of the Court of Appeal under this Order may be exercised by the registrar—

a

the power to extend the time within which notice of application for leave to appeal may be given under article 3(3); and

b

the power to order a witness to attend for examination under article 7.

2

If the registrar refuses an application on the part of any party to exercise in his favour any of the powers specified in paragraph (1), the party shall be entitled to have his application determined by a single judge.