The Criminal Procedure Rules 2015

Application to extend detention period

33.29.—(1) This rule applies where an officer who is entitled to apply, or the prosecutor, wants a magistrates’ court to make an order, under section 47M of the Proceeds of Crime Act 2002(1), extending the period for which seized property may be detained.

(2) Such an officer or prosecutor must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) any person whom the applicant believes would be affected by an order.

(3) The application must—

(a) specify—

(i) the property to be detained, and

(ii) whether the applicant wants it to be detained for a specified period or indefinitely;

(b) explain—

(i) the applicant’s entitlement to apply, and

(ii) how the proposed detention meets the conditions prescribed by section 47M of the 2002 Act;

(c) attach any material on which the applicant relies; and

(d) propose the terms of the order.

(4) The court—

(a) must determine the application—

(i) at a hearing, which must be in private unless the court otherwise directs, and

(ii) in the applicant’s presence;

(b) may—

(i) consider an application made orally instead of in writing,

(ii) require service of the application on the court officer after it has been heard, instead of before.

(5) If the court extends the period for which the property may be detained, the applicant must—

(a) notify any person affected by the order who was absent when it was made; and

(b) serve on the court officer a list of those so notified.

[Note. Under section 47M of the Proceeds of Crime Act 2002, one of the officers listed in that section, or the prosecutor, may apply to a magistrates’ court for an order extending the period of 48 hours for which, under section 47J of the Act(2), property seized under section 47C may be detained.

On an application to which this rule applies, hearsay evidence within the meaning of section 1(2) of the Civil Evidence Act 1995 is admissible: see section 47Q of the 2002 Act(3).]

(1)

2002 c. 29; section 47M was inserted by section 55 of the Policing and Crime Act 2009 (c. 26) and amended by section 55 of, and paragraphs 14 and 18 of Schedule 21 to, the Crime and Courts Act 2013 (c. 22).

(2)

2002 c. 29; section 47J was inserted by section 55 of the Policing and Crime Act 2009 (c. 26).

(3)

2002 c. 29; section 47Q was inserted by section 55 of the Policing and Crime Act 2009 (c. 26).