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The Crown Court (Confiscation, Restraint and Receivership) Rules 2003
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- 2003 No. 421 (L. 7)
- Explanatory Note
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Explanatory Note
(This note is not part of the Rules)
These Rules make provision for the procedure to be followed in proceedings in the Crown Court under Part 2 of the Proceeds of Crime Act 2002, which makes provision about confiscation orders and ancillary orders such as the making of restraint orders and the appointment of receivers.
Part I of the Rules makes introductory provision. Part II deals with confiscation proceedings. Part III deals with restraint proceedings. Part IV deals with receivership proceedings. Part V deals with other applications, including applications for registration of orders made in Scotland or Northern Ireland. Part VI makes general provision applicable only to restraint proceedings and receivership proceedings, whereas Part VII contains general provision which applies to all proceedings.
Prior to the passing of the Proceeds of Crime Act 2002, all restraint proceedings and receivership proceedings were dealt with in the High Court. Therefore, many of the rules applicable to restraint proceedings and receivership proceedings make provision corresponding to Civil Procedure Rules, as permitted by section 91 of the Proceeds of Crime Act 2002.
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