The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order makes provision corresponding to provision in the Criminal Appeal Act 1968 (“the 1968 Act”) with modifications for the purposes of three new appeals introduced by the Proceeds of Crime Act 2002 (“the 2002 Act”). The first is an appeal under section 31 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 33 of the 2002 Act) by the prosecutor or Director of the Assets Recovery Agency against a confiscation order or a failure of the Crown Court to make a confiscation order. The second is an appeal under section 43 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 44 of the 2002 Act) in respect of decisions of the Crown Court about restraint orders. The third is an appeal under section 65 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 66 of the 2002 Act) in respect of decisions of the Crown Court about receivers.

Article 3 makes provision corresponding to section 18 of the 1968 Act and gives the time limit for giving notice of application for leave to appeal to the Court of Appeal.

Article 4 makes provision corresponding to section 20 of the 1968 Act and allows the registrar of criminal appeals of the Court of Appeal to refer groundless applications for leave to appeal to the Court of Appeal for summary determination.

Article 5 makes provision corresponding to section 21 of the 1968 Act and provides that the registrar must organise hearings for applications for leave to appeal and appeals. In the case of appeals in respect of confiscation orders, the registrar must also organise documents and exhibits for the appeal and provide them, in accordance with rules of court to the parties.

Article 6 makes provision corresponding to section 22 of the 1968 Act and states when a defendant who is in custody is permitted to attend the hearing of an appeal by the Court of Appeal.

Article 7 makes provision corresponding to section 23 of the 1968 Act and sets out the Court of Appeal’s powers, on an appeal under Part 2 of the Act, to order the production of documents and other evidence and require witnesses to attend.

Article 8 makes provision corresponding to section 31 of the 1968 Act and sets out which of the Court of Appeal’s powers may be exercised by a single judge.

Article 9 makes provision corresponding to section 31A of the 1968 Act and sets out which of the Court of Appeal’s powers may be exercised by the registrar.

Article 10 makes provision corresponding to section 32 of the 1968 Act and deals with transcripts of proceedings which might give rise to an appeal in the Court of Appeal.

Article 11 makes provision corresponding to section 33 of the 1968 Act and provides that an appeal to the House of Lords only lies with the leave of the Court of Appeal or the House of Lords.

Article 12 makes provision corresponding to section 34 of the 1968 Act and gives the time limit for giving notice of application for leave to appeal to the House of Lords. It makes one substantive change from the 1968 Act in that the time runs from the date on which the Court of Appeal gives reasons for a decision, rather than from the date of the decision itself.

Article 13 makes provision corresponding to section 35 of the 1968 Act and deals with the hearing and disposal of an appeal to the House of Lords.

Article 14 makes provision corresponding to section 38 of the 1968 Act and states when a defendant who is in custody is permitted to attend the hearing of an appeal by the House of Lords.

Article 15 makes provision corresponding to section 44 of the 1968 Act and sets out which powers of the Court of Appeal in relation to appeals in the House of Lords may be exercised by a single judge.