Magistrates' Courts (Proceeds of Crime Act 2002) (Confiscation) Rules (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 122

MAGISTRATES' COURTS

Magistrates' Courts (Proceeds of Crime Act 2002) (Confiscation) Rules (Northern Ireland) 2003

Made

3rd March 2003

Coming into operation

24th March 2003

The Lord Chancellor, in exercise of the powers conferred on him by Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981(1), and all other powers enabling him in that behalf, on the advice of the Magistrates' Courts Rules Committee and after consultation with the Lord Chief Justice, hereby makes the following Rules: –

Citation and commencement N.I.

1.  These Rules may be cited as the Magistrates' Courts (Proceeds of Crime Act 2002) (Confiscation) Rules (Northern Ireland) 2003 and shall come into operation on 24th March 2003.

Commencement Information

I1 Rule 1 in operation at 24.3.2003, see rule 1

Interpretation N.I.

2.  In these Rules, “the Act” means the Proceeds of Crime Act 2002(2) and a reference to a section by number alone is a reference to that section as numbered in the Act and expressions used have the same meaning as in Part 4 of the Act.

Commencement Information

I2 Rule 2 in operation at 24.3.2003, see rule 1

Seized Money N.I.

3.—(1) An application under section 215(5) for an order that money be paid to the appropriate chief clerk (“payment order”) shall be made in Form 1, or a form with the same effect, and shall be accompanied by: –

(a) a copy of the restraint order which has effect in relation to the money; and

(b) a copy of the confiscation order against the person who holds the money.

(2) The applicant shall, not less than fourteen days prior to the date of the hearing, serve the application on the clerk of petty sessions and at the same time serve a copy thereof on the bank or building society against which the payment order is sought at its registered or principal office, if such office is situated in Northern Ireland, or otherwise at any place of business maintained by it in Northern Ireland.

(3) Where the money has been seized under Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989(3), the applicant shall, at the same time, serve a copy of the application on: –

(a) the Chief Constable or, as the case may be, the chief officer of the police force which maintains the account in which the money is held; or

(b) the Commissioners of Her Majesty’s Customs and Excise,

as appropriate.

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Art. 3(4) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 32(1); S.R. 2016/387, art. 2(a)

Commencement Information

I3 Rule 3 in operation at 24.3.2003, see rule 1

4.  Notwithstanding the provisions of the Interpretation Act (Northern Ireland) 1954(4), a payment order shall be served forthwith by the clerk of petty sessions by ordinary first class post on: –

(a) the bank or building society which is the subject of the order;

(b) every person who was served with a copy of the application;

(c) the person who holds the money; and

(d) the appropriate chief clerk.

Commencement Information

I4 Rule 4 in operation at 24.3.2003, see rule 1

Committal N.I.

5.  Where a magistrates' court commits a defendant to the Crown Court under section 218(2) of the Act, as soon as practicable the clerk of petty sessions shall send to the chief clerkF2 ...: –

(a) a certificate of order;

(b) any written statements tendered in evidence and any depositions taken at the magistrates' court;

(c) such documents and articles produced in evidence before the court as have been retained by the court;

(d) any report relating to the defendant considered by the court;

(e) if the defendant is committed to the Crown Court on bail, the recognizance of the defendant;

(f) any recognizance entered into by any person as surety for the defendant.

Textual Amendments

F2 Words in art. 5 omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 32(2); S.R. 2016/387, art. 2(a)

Commencement Information

I5 Rule 5 in operation at 24.3.2003, see rule 1

6.  The Magistrates' Courts Rules (Northern Ireland) 1984(5) shall have effect subject to the provisions of these Rules.

Commencement Information

I6 Rule 6 in operation at 24.3.2003, see rule 1

Irvine of Lairg, C.

Dated 3rd March 2003.

SCHEDULE N.I.

Commencement Information

I7 Sch. in operation at 24.3.2003, see rule 1

F3 F4 F5 FORM 1 N.I. PROCEEDS OF CRIME ACT 2002(section 215, rule 3)Application for Money to be Paid to Chief Clerk

Textual Amendments

F3 Sch. Form 1: para. (d) revoked (1.4.2008) by The Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008 (S.I. 2008/574), art. 1, Sch. para. 7

F4 Sch. Forms 1 and 2: in the title, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 32(3)(a)(i); S.R. 2016/387, art. 2(a)

F5 Sch. Forms 1 and 2: the words “for the county court division of …" are.omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 32(3)(a)(ii); S.R. 2016/387, art. 2(a)

F4 F5 FORM 2 N.I. PROCEEDS OF CRIME ACT 2002(section 215)Order for Money to be Paid to Chief Clerk

F6 F7 FORM 3 N.I. PROCEEDS OF CRIME ACT 2002(section 218)Certificate of Order of Magistrates' Court for Committal to Crown Court

Textual Amendments

F6 Sch. Form 3: in the title, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 32(3)(b)(i); S.R. 2016/387, art. 2(a)

F7 Sch. Form 3: the words “in the County Court Division of …. ” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 32(3)(b)(ii); S.R. 2016/387, art. 2(a)

F8 FORM 4 N.I. PROCEEDS OF CRIME ACT 2002(section 218)Recognizance to Appear at the Crown Court

Textual Amendments

F8 Sch. Forms 4 and 5: in the title, the words “Petty Sessions District of” and “County Court Division of” are omitted (31.10.2016) by virtue of The Magistrates’ Courts (Miscellaneous Amendments) Rules (Northern Ireland) 2016 (S.R. 2016/303), rules 2, 32(3)(c); S.R. 2016/387, art. 2(a)

F8 FORM 5 N.I. PROCEEDS OF CRIME ACT 2002(section 218)Warrant of Commitment on Committal of Defendant by Magistrates' Court to Crown Court

FORM 6 N.I. PROCEEDS OF CRIME ACT 2002Consent to Bail on Remand

Explanatory Note

(This note and forms are not part of the Rules.)

These Rules prescribe the procedure and forms for applications under:

• section 215 of the Proceeds of Crime Act 2002 for money held in a bank or building society account to be paid to the chief clerk in satisfaction of a confiscation order; and

• for the committal of a defendant to the Crown Court for sentencing under section 218 of that Act.

(1)

S.I. 1981/1675 (N.I. 26)

(2)

2002 Ch 29

(3)

1989 No. 1341 (N.I. 12)

(4)

1954 Ch 33

(5)

S.R. 1984 No. 225