PART 33E+WCONFISCATION AND RELATED PROCEEDINGS

GENERAL RULESE+W

InterpretationE+W

33.1.  In this Part words and expressions used have the same meaning as in Part 2 of the Proceeds of Crime Act 2002 and:

‘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(1);

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

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

‘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.

Calculation of timeE+W

F133.2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court office closedE+W

F233.3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration of Scottish or Northern Ireland orderE+W

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(4).

(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 registrationE+W

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 [F35 business 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 ordersE+W

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 truthE+W

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 purposesE+W

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

(c)the witness statement has been put in evidence at a hearing held in public.

Service of documentsE+W

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 jurisdictionE+W

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 serviceE+W

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 [F45 business 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 ordersE+W

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(5) in the same way that they apply to corresponding proceedings under Part 2 of the Proceeds of Crime Act 2002(6).

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