The Magistrates’ Courts (Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5B) Rules 2019

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Part 5B of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (“the Order”). Part 5B of the Order was inserted by article 31 of the Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018(1). Part 5B of the Order mirrors in large part the provisions of Chapter 3B of Part 5 of the Proceeds of Crime Act 2002 (“POCA”), which was inserted by section 16 of the Criminal Finances Act 2017 (c.22) and makes provision for the forfeiture of money held in bank and building society accounts, where the money derives from, or is intended for use in, unlawful conduct. These Rules similarly mirror in large part the rules relating to proceedings under Chapter 3B of Part 5 of POCA (the Magistrates’ Courts (Freezing and Forfeiture of Money in Bank and Building Society Accounts) Rules 2017(2)) and provide the relevant procedure for:

• Applications for account freezing orders (see articles 213Z1 to 213Z3 of the Order, mirroring sections 303Z1 to 303Z3 of POCA);

• Applications to vary or set aside an account freezing order (see article 213Z4 of the Order, mirroring section 303Z4 of POCA);

• Applications for a forfeiture order (see article 213Z7 of the Order, mirroring section 303Z14 of POCA);

• Applications for compensation where no forfeiture order is made (see article 213Z11 of the Order, mirroring section 303Z18 of POCA).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

S.I. 2018/1078.

(2)

S.I. 2017/1297.