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The Crown Court (Amendment) ( No. 3) Rules 2001
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- 2001 No. 4012
- Explanatory Note
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Explanatory Note
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These Rules amend the Crown Court Rules 1982 (the 1982 Rules) in consequence of the enactment of the Anti-terrorism, Crime and Security Act 2001 (the 2001 Act).
Section 29 of the Terrorism Act 2000 (the 2000 Act) provided for an appeal from a magistrates' court against an order for the forfeiture of detained cash. The Crown Court (Amendment) Rules 2001 provided for the procedure to be followed in the case of such an appeal. Section 29 of the 2000 Act has been repealed by the 2001 Act and replaced by paragraph 7 of Schedule 1 to that Act. These Rules make provision in respect of appeals under that paragraph in substitution for the provision made in respect of appeals, under section 29 of the 2000 Act in the Crown Court (Amendment) Rules 2001.
Rule 3 adds the appeal under paragraph 7 of Schedule 1 to the 2001 Act to the list of appeals to the Crown Court in which the notice of appeal is to state the grounds of appeal and omits that relating to section 29 of the 2000 Act. Rule 4 provides for notice of the appeal to be given to a person with an interest in proceedings who may not have been joined as parties to the case in the magistrates' court.
Account monitoring orders are provided for in Schedule 6A to the 2000 Act, which were added by section 3 and Schedule 2 to the 2001 Act. Rule 5 makes provision for service of account monitoring orders and for the giving of notice by a person, other than a police officer, who proposes to apply for the discharge or variation of such an order.
These Rules also revoke S.I. 2001/614, which bears an identical title (the Crown Court (Amendment) Rules 2001) to S.I. 2001/193. The substantive amendments to the 1982 Rules will remain in effect by virtue of the saving provisions of section 16 of the Interpretation Act 1978, as applied to subordinate legislation by section 23 of that Act.
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