“Interpretation of this Chapter37AA.1.

In this Chapter—

“the Act of 2002” means the Proceeds of Crime Act 20026;

“the 2014 Regulations” means the Criminal Justice and Data Protection (Protocol No. 36) Regulations 20147;

“compliance order” has the meaning given by section 97B(2) of the Act of 20028.”.

“Confiscation orders: certification37AA.2A.

(1)

A request by the prosecutor for a certificate under paragraph 7(1) of Schedule 1 to the 2014 Regulations must—

(a)

be made by minute prior to the making of a domestic confiscation order;

(b)

set out why the prosecutor considers that the property to which the application relates—

(i)

was used or was intended to be used for the purposes of an offence; or

(ii)

is the proceeds of an offence;

(c)

contain the specified information.

(2)

Where the court issues a certificate, it must—

(a)

do so in the form annexed to Council Framework Decision 2006/783/JHA of 6th October 2006 on the application of the principle of mutual recognition to confiscation orders10;

(b)

provide in the domestic confiscation order for notice to be given in accordance with paragraph 7(4) of Schedule 1 to the 2014 Regulations.

(3)

In this rule, “domestic confiscation order” and “specified information” have the meanings given by paragraph 1 of Schedule 1 to the 2014 Regulations.”.

“Compliance orders37AA.2B.

(1)

An application by the prosecutor for a compliance order is to be made in Form 37AA.2B–A.

(2)

When an application is lodged, the court must—

(a)

order intimation of the application to the accused;

(b)

appoint a hearing on the application.

(3)

A compliance order is to be in Form 37AA.2B–B.

Compliance orders: discharge and variation37AA.2C.

(1)

An application to discharge or vary a compliance order is to be made in Form 37AA.2C–A.

(2)

When an application is lodged, the court must—

(a)

order intimation of the application to—

(i)

the prosecutor, where the application is made by the accused;

(ii)

the accused, where the application is made by the prosecutor;

(b)

appoint a hearing on the application.

(3)

Where the court discharges or varies a compliance order, it is to do so in Form 37AA.2C–B.

(4)

An appeal under section 97D of the Act of 2002 is to be made by lodging a note of appeal in Form 37AA.2C–C.

(5)

When an appeal is lodged, the court must—

(a)

order intimation of the application to—

(i)

the prosecutor, where the accused is the appellant;

(ii)

the accused, where the prosecutor is the appellant;

(b)

appoint a hearing on the appeal.

Compliance orders: breach37AA.2D.

(1)

Where the prosecutor considers that an accused who is subject to a compliance order has failed to comply with it, the prosecutor must notify the court.

(2)

That notification is to be given in Form 37AA.2D–A.

(3)

A citation under section 97C(2)(b) of the Act of 2002 is to be in Form 37AA.2D–B.

(4)

Where the court revokes or varies a compliance order under section 97C(6) or (7), it is to do so in Form 37AA.2D-C.”.