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The Criminal Procedure Rules 2020
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Changes over time for: Section 47.61
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Criminal Procedure Rules 2020. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Rule 47.61:
- rule 18.14-18.17 omitted by S.I. 2024/62 rule 8(d)(ii)
- rule 18.1(c)-(e) rule 18.1(d)-(f) renumbered as rule 18.1(c)-(e) by S.I. 2024/62 rule 8(a)(ii)
- rule 33.47-33.50 omitted by S.I. 2024/62 rule 9(a)(ii)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- rule 2.8(4)(g)-(j) rule 2.8(4)(f)-(i) renumbered as rule 2.8(4)(g)-(j) by S.I. 2024/62 rule 3(b)(i)
- rule 3.35(4)(h) rule 3.35(4)(g) renumbered as rule 3.35(4)(h) by S.I. 2024/62 rule 4(e)(iii)
- rule 3.8(7)(8) inserted by S.I. 2024/62 rule 4(c)(iii)
- rule 3.35(8) rule 3.35(7) renumbered as rule 3.35(8) by S.I. 2024/62 rule 4(e)(v)
- rule 3.8(9) rule 3.8(7) renumbered as rule 3.8(9) by S.I. 2024/62 rule 4(c)(ii)
- rule 5.4(4)(5) inserted by S.I. 2024/62 rule 5(a)
- rule 15.9(a) words substituted by S.I. 2024/62 rule 7(f)(i)
- rule 15.9(b) inserted by S.I. 2024/62 rule 7(f)(iii)
- rule 15.9(c)-(e) rule 15.9(b)-(d) renumbered as rule 15.9(c)-(e) by S.I. 2024/62 rule 7(f)(ii)
- rule 18.8(2)(d)(e) inserted by S.I. 2024/62 rule 8(c)(ii)
- rule 33.53(5) inserted by S.I. 2024/62 rule 9(n)
- rule 44.3(1)(c) inserted by S.I. 2024/62 rule 10(c)
- rule 45.7(1)(a)(vi) inserted by S.I. 2024/62 rule 11(c)(iii)
- rule 45.7(6) inserted by S.I. 2024/62 rule 11(c)(vi)
- rule 47.24(c) word omitted by S.I. 2024/62 rule 12(l)(iii)
- rule 47.24(d)(e) substituted for rule 47.24(d) by S.I. 2024/62 rule 12(l)(iv)
- rule 47.4(f) word omitted by S.I. 2024/62 rule 12(a)(ii)
- rule 47.4(f) word substituted by S.I. 2024/62 rule 12(a)(i)
- rule 47.4(g) word substituted by S.I. 2024/62 rule 12(a)(iii)
- rule 47.4(h)(i) inserted by S.I. 2024/62 rule 12(a)(iv)
- rule 47.24(iii)(iv) inserted by S.I. 2024/62 rule 12(l)(ii)
- rule 47.9(1)(h)(i) inserted by S.I. 2024/62 rule 12(c)(ii)
- rule 47.20(2)(g) renumbered as rule 47.20(2)(f) by S.I. 2024/62 rule 12(k)(iiii)
- rule 47.13(2)(g) rule 47.13(2)(f) renumbered as rule 47.13(2)(g) by S.I. 2024/62 rule 12(g)(iv)
Application for extension of moratorium periodE+W
This section has no associated Explanatory Memorandum
[F147.61.]—(1) This rule applies where an applicant wants the court to extend a moratorium period.
(2) The applicant must—
(a)apply in writing before the date on which the moratorium period otherwise would end;
(b)demonstrate that the applicant is entitled to apply as a senior officer within the meaning of section 336D of the Proceeds of Crime Act 2002;
(c)serve the application on the court officer;
(d)serve notice on each respondent that an application has been made; and
(e)serve the application on each respondent to such extent, if any, as the court directs.
(3) The application must specify—
(a)the disclosure in respect of which the application is made;
(b)the date on which the moratorium period began;
(c)the date and period of any previous extension of that period; and
(d)the date on which that period is due to end.
(4) The application must—
(a)describe the investigation being carried out in relation to that disclosure; and
(b)explain the grounds for believing that—
(i)the investigation is being conducted diligently and expeditiously,
(ii)further time is needed for conducting the investigation, and
(iii)it would be reasonable in all the circumstances for the moratorium period to be extended.
(5) A respondent who objects to the application must—
(a)serve notice of the objection on—
(i)the court officer, and
(ii)the applicant
not more than 2 business days after service of notice of the application; and
(b)in that notice explain the grounds of the objection.
(6) The applicant must serve any order made on each respondent.
[Note. F2...
Under section 336D of the Proceeds of Crime Act 2002, ‘senior officer’ means the Director General of the National Crime Agency or an authorised officer of that Agency, a police officer of at least the rank of inspector, an officer of HM Revenue and Customs or an immigration officer of equivalent rank, a senior member of the Financial Conduct Authority, the Director of the Serious Fraud Office or an authorised member of that Office, or an accredited financial investigator.
The time limit for making an application is prescribed by section 336A(3) of the Proceeds of Crime Act 2002. It may be neither extended nor shortened. Under section 336B(2) of the Act the court must determine the application as soon as reasonably practicable. Under section 336C, where an application is made and not determined before the moratorium period otherwise would expire then that period is extended until (i) the application is determined, or (ii) the expiry of 31 days beginning with the day after the day on which that period expired, whichever occurs first.]
Textual Amendments
F1Original rule 47.61 omitted and rule 47.64 renumbered as rule 47.61 (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 27(k)(l) (with rule 3)
F2Words in rule 47.61 Note omitted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rule 1, Sch. para. 74
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