The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2011

Rule 2(5)

SCHEDULE 3

“ORDER 125 CORONERS AND JUSTICE ACT 2009 – EXPLOITATION PROCEEDS ORDERS

Interpretation

1.   In this Order—

“defendant” has the same meaning as “respondent” in the Act;

“Master” means the Master (Queen’s Bench and Appeals)

“the Act” means the Coroners and Justice Act 2009(1), a section referred to by number means the section so numbered in the Act, and expressions used have the same meaning as in the Act;.

Assignment of proceedings

2.   In this Order, the jurisdiction of the High Court under the Act shall be assigned to the Queen’s Bench Division and shall be exercised by a judge in chambers.

Title of proceedings

3.   An originating summons under this Order shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents shall be so entitled.

Application for an exploitation proceeds order

4.— (1) An application under section 161 for an exploitation proceeds order shall be made by originating summons in Form No. 7 of Appendix A.

(2) An application under paragraph (1) shall be supported by an affidavit, which shall—

(a) provide evidence that the Advocate General for Northern Ireland has consented to the application being brought;

(b) provide evidence that the defendant is a qualifying offender in accordance with sections 156, 157 or 158(3) by attaching—

(i) a certificate of conviction or finding by a United Kingdom court in respect of a relevant offence; or

(ii) where the defendant falls under section 156(3), a document from a court or authority, in the jurisdiction concerned, confirming the conviction or finding by that court in respect of a relevant offence;

(c) specify how the defendant has obtained exploitation proceeds from the relevant offence;

(d) identify the benefits derived by the defendant from such exploitation; and

(e) specify the reasons why an exploitation proceeds order should be made, having regard to the matters mentioned in section 162(3).

(3) Where a document provided in accordance with paragraph (2)(b)(ii) is not in English, it shall be accompanied by a translation of that document into English and shall be certified by the translator to be a correct translation; and the certificate shall contain a statement of that person’s full name, his address and qualifications for making the translation.

Application following conviction being quashed

5.— (1) An application under section 166(3) or (5) shall be made by way of summons.

(2) An application under paragraph (1) shall be supported by an affidavit which shall—

(a) specify how the conditions in sections 166(1), 166(2) or 166(4) are satisfied; and

(b) attach—

(i) a certificate of order as evidence of the conviction in respect of the relevant offence having been quashed; or

(ii) a document from a court or authority in the jurisdiction concerned, confirming that the conviction in respect of the relevant offence has been quashed.

(3) Where a document provided in accordance with paragraph (2)(b)(ii) is not in English, it shall be accompanied by a translation of that document into English and shall be certified by the translator to be a correct translation; and the certificate shall contain a statement of that person’s full name, his address and qualifications for making the translation.

Repeat applications

6.   An application under section 167 shall be made by way of summons, supported by affidavit, which shall—

(a) give full particulars of the grounds of the application in accordance with rule 4(2); and

(b) attach a transcript of the earlier application along with a copy of the earlier order.

Additional proceeds reporting order

7.— (1) Where an additional proceeds reporting order is sought under section 168, an application for an order may be included in the originating summons under rule 4(1), and the affidavit in support shall specify the reasons as to why the order is sought having regard to section 168(2).

(2) An application to vary or discharge an additional proceeds reporting order may be made by—

(a) the defendant; or

(b) the person to whom financial reports are to be made under the order.

(3) An application under paragraph (2) shall be made by way of summons supported by affidavit, which shall—

(a) attach a copy of the order made under section 168; and

(b) specify the reasons for the variation or discharge sought.”

(1)

2009 c.25