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Proceeds of Crime Act 2002

General

Section 89: Procedure on appeal to the Court of Appeal

149.Section 89 establishes the general rules that will apply to any appeal to the Court of Appeal under Part 2 of the Act. The first of these is that the Court of Appeal’s leave to appeal is required. The second is that the appeal lies (subject to anything in rules of court under section 53(1) of the Supreme Court Act 1981) to the criminal division of the Court of Appeal.

150.Section 89 also enables the Secretary of State to make an order in relation to appeals to the Court of Appeal under Part 2 containing provision corresponding to any provisions of the Criminal Appeal Act 1968. An order of this kind will cover routine matters such as the procedures for obtaining leave to appeal and transcripts.

Section 90: Procedure on appeal to the House of Lords

151.Section 90 establishes the general rules that will apply to any appeal to the House of Lords under Part 2 of the Act. Like section 89, section 90 enables the Secretary of State to make an order in relation to appeals to the House of Lords under this Part containing provision corresponding to any provisions of the Criminal Appeal Act 1968. An order of this kind will cover matters such as those mentioned above in relation to section 89.

Section 91: Crown Court Rules

152.Restraint and receivership are High Court civil law functions so the applicable rules of court are currently found in the Civil Procedure Rules. Section 91 puts it beyond doubt that these matters may in future be dealt with in Crown Court Rules.

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