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The Criminal Procedure (Amendment) Rules 2017

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Amendments to the Criminal Procedure Rules 2015

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7.  In Part 33 (Confiscation and related proceedings)—

(a)in rule 33.15 (Application for reconsideration), for paragraphs (2), (3) and (4) substitute—

(2) The application must—

(a)be in writing and give—

(i)the name of the defendant,

(ii)the date on which and the place where any relevant conviction occurred,

(iii)the date on which and the place where any relevant confiscation order was made or varied,

(iv)details of any slavery and trafficking reparation order made by virtue of any relevant confiscation order,

(v)the grounds for the application, and

(vi)an indication of the evidence available to support the application; and

(b)where the parties are agreed on the terms of the proposed order include, in one or more documents—

(i)a draft order in the terms proposed, and

(ii)evidence of the parties’ agreement.

(3) The application must be served on—

(a)the court officer; and

(b)the defendant.

(4) The court—

(a)may determine the application without a hearing where the parties are agreed on the terms of the proposed order;

(b)must determine the application at a hearing in any other case.

(5) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than the eighth day after it was served unless the court otherwise directs.;

(b)in rule 33.16 (Application for new calculation of available amount)—

(i)at the end of paragraph (2)(a) omit “and”,

(ii)at the end of paragraph (2)(b) insert “and”,

(iii)after paragraph (2)(b) insert—

(c)where the parties are agreed on the terms of the proposed order, must include in one or more documents—

(i)a draft order in the terms proposed, and

(ii)evidence of the parties’ agreement.,

(iv)in paragraph (4) omit “at least 7 days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.”, and

(v)after paragraph (4) insert—

(5) The court—

(a)may determine the application without a hearing where the parties are agreed on the terms of the proposed order;

(b)must determine the application at a hearing in any other case.

(6) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than the eighth day after it was served unless the court otherwise directs.; and

(c)in rule 33.17 (Variation of confiscation order due to inadequacy of available amount)—

(i)at the end of paragraph (2)(a) omit “and”,

(ii)at the end of paragraph (2)(b) insert “and”,

(iii)after paragraph (2)(b) insert—

(c)where the parties are agreed on the terms of the proposed order, must include in one or more documents—

(i)a draft order in the terms proposed, and

(ii)evidence of the parties’ agreement.,

(iv)in paragraph (4) omit “at least 7 days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.”, and

(v)after paragraph (4) insert—

(5) The court—

(a)may determine the application without a hearing where the parties are agreed on the terms of the proposed order;

(b)must determine the application at a hearing in any other case.

(6) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than the eighth day after it was served unless the court otherwise directs..

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