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The Crown Court (Confiscation, Restraint and Receivership) Rules 2003
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Variation of confiscation order due to inadequacy of available amount
9.—(1) This rule applies where the defendant or a receiver makes an application under section 23 of the Act for the variation of a confiscation order.
(2) The application must be in writing and may be supported by a witness statement.
(3) The application and any witness statement must be lodged with the Crown Court.
(4) The application and any witness statement must be served on—
(a)the prosecutor, or if the Director is appointed as the enforcement authority under section 34, the Director;
(b)the defendant, if the receiver is making the application; and
(c)the receiver, if the defendant is making the application and a receiver has been appointed under section 50 or 52 of the Act,
at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.
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