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The Crown Court (Amendment) Rules 2001

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Statutory Instruments

2001 No. 193 (L.5)

SUPREME COURT OF ENGLAND AND WALES

The Crown Court (Amendment) Rules 2001

Made

29th January 2001

Laid before Parliament

29th January 2001

Coming into force

19th February 2001

We, the Crown Court Rule Committee, in exercise of the powers conferred upon us by sections 84(1) and 86 of the Supreme Court Act 1981(1), hereby make the following Rules:

1.—(1) These Rules may be cited as the Crown Court (Amendment) Rules 2001 and shall come into force on 19th February 2001.

(2) In these Rules, “the 1982 rules” means the Crown Court Rules 1982(2).

2.  In Part III of Schedule 3 to the 1982 rules (Appeals in which the Notice of Appeal is to state the grounds of appeal) there shall be inserted—

ChapterActSection or Schedule
2000 c. 11The Terrorism Act 2000Section 29

3.  In rule 8 of the 1982 rules, after paragraph (d) of that rule there shall be inserted—

(e)in the case of an appeal under section 29 of the Terrorism Act 2000,

(i)to any person to whom notice of the order for continued detention of cash was given in accordance with section 26(2)(c) of that Act and who has not been joined as a party to the case, and,

(ii)to any person heard by the Magistrates' Court in accordance with section 28(3) of that Act when that court considered the application for the forfeiture order which is the subject of the appeal, and who has not been joined as a party to the case.

Irvine of Lairg, C.

Woolf, C. J.

Kay, L. J.

His Honour Judge Harris

L. E. Dickinson

Dated 29th January 2001

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Crown Court Rules 1982 to establish procedures to be followed in the case of an appeal from a magistrates' court against an order for the forfeiture of detained cash made under section 28 of the Terrorism Act 2000 (2000 c. 11). Rule 2 adds the appeal, which is under section 29 of the Terrorism Act 2000, to the list of appeals to the Crown Court in which the notice of appeal is to state the grounds of appeal. Rule 3 provides for notice of the appeal to be given to persons with an interest in proceedings who may not have been joined as parties to the case in the magistrates' court.

(2)

S.I. 1982/1109; relevant amending instruments are S.I. 1988/952 and S.I. 1988/1322.

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