The Criminal Procedure Rules 2010

Application for variation of confiscation order made against an absconder

58.7.—(1) This rule applies where the defendant makes an application under section 29 of the Proceeds of Crime Act 2002 for the variation of a confiscation order made against an absconder.

(2) The application must be in writing and supported by a witness statement which must give details of—

(a) the confiscation order made against an absconder under section 6 of the 2002 Act as applied by section 28 of the 2002 Act;

(b) the circumstances in which the defendant ceased to be an absconder;

(c) the defendant’s conviction of the offence or offences concerned; and

(d) the reason why he believes the amount required to be paid under the confiscation order was too large.

(3) The application and witness statement must be lodged with the Crown Court.

(4) The application and witness statement must be served on the prosecutor at least seven days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.