The Criminal Procedure Rules 2010

Confiscation orders - revised assessments

56.3.—(1) Where the prosecutor makes an application under section 13, 14 or 15 of the Drug Trafficking Act 1994(1) or section 74A, 74B or 74C of the Criminal Justice Act 1988(2), the application must be in writing and a copy must be served on the defendant.

(2) The application must include the following particulars—

(a) the name of the defendant;

(b) the date on which and the place where any relevant conviction occurred;

(c) the date on which and the place where any relevant confiscation order was made or, as the case may be, varied;

(d) the grounds on which the application is made; and

(e) an indication of the evidence available to support the application.

[Note. The relevant provisions of the 1988 and 1994 Acts were repealed on 24th March 2003, but they continue to have effect in respect of proceedings for offences committed before that date.]

(1)

1994 c. 37; sections 13, 14 and 15 were repealed, with savings, by paragraphs 1 and 25 of Schedule 11 and Schedule 12 to, the Proceeds of Crime Act 2002 (c. 29).

(2)

1988 c. 33; sections 74A, 74B and 74C were inserted by the Proceeds of Crime Act 1995 (c. 11), sections 5, 6 and 7 respectively, and repealed, with savings by paragraphs 1 and 17 of Schedule 11 and Schedule 12 to, the Proceeds of Crime Act 2002 (c. 29).