I1C1C2SCHEDULE 1

Annotations:
Commencement Information
I1

Sch. 1 in force at 26.4.1999, see Signature

Modifications etc. (not altering text)
C2

Sch. 1 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))

RSC ORDER 115CONFISCATION AND FORFEITURE IN CONNECTION WITH CRIMINAL PRO CEEDINGS

F3III: TERRORISM ACT 2000

Annotations:
Amendments (Textual)
F3

Sch. 1 RSC Order 115 Section 3 heading substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(a)

InterpretationRule 24

In this Part of this Order—

a

“the Act” means F4Terrorism Act 2000;

b

“Schedule 4” means Schedule 4 to the Act; F5...

F6F26c

“the prosecutor” means the person with conduct of proceedings which have been instituted in England and Wales for an offence under any of sections 15 to 18 of the Act, or the person who the High Court is satisfied will have the conduct of F15any proceedings for such an offence;F25...

F28d

“domestic freezing order certificate” means a certificate made by the High Court under paragraph 11B of Schedule 4 in relation to property in a country other than the United Kingdom;

e

“overseas freezing order” means an order made in accordance with paragraph 11D of Schedule 4 in relation to property in the United Kingdom;

f

“British Islands order” means a Scottish order, a Northern Ireland order or an Islands order as defined in paragraph 12 of Schedule 4; and

F27g

F7other expressions used have the same meanings as they have in F8Schedule 4 to the Act.

Assignment of proceedingsRule 25

1

Subject to paragraph (2), the jurisdiction of the High Court under the Act shall be exercised by a judge of the F55King's Bench Division or of the Chancery Division F1...

2

The jurisdiction conferred on the High Court by F29paragraph 13 of Schedule 4 may also be exercised by a master of the F56King's Bench Division.

Application for restraint order F30and domestic freezing order certificateRule 26

1

An application for a restraint order F31and, where relevant, a domestic freezing order certificate under paragraphs 5 and 11B of Schedule 4 may be made by the prosecutor by a claim form, which need not be served on any person.

2

An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall:—

F20a

state, as the case may be, either—

i

that proceedings have been instituted against a person for an offence under any of sections 15 to 18 of the Act and that they have not been concluded; or

ii

that a criminal investigation has been started in England and Wales with regard to such an offence,

and in either case give details of the alleged or suspected offence and of the defendant’s involvement;

b

F16where proceedings have been instituted, state, as the case may be, that a forfeiture order has been made in the proceedings or the grounds for believing that such an order may be made;

F17ba

where proceedings have not been instituted—

i

indicate the state of progress of the investigation and when it is anticipated that a decision will be taken on whether to institute proceedings against the defendant;

ii

state the grounds for believing that a forfeiture order may be made in any proceedings against the defendant; and

iii

verify that the prosecutor is to have the conduct of any such proceedings;

c

to the best of the witness’s ability, give full particulars of the property in respect of which F32the restraint order and, where relevant, the domestic freezing order certificate is sought and specify the person or persons holding such property and any other persons having an interest in itF54.

F18d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F332A

An applicant who seeks a domestic freezing order certificate must—

a

prepare a draft of the certificate in accordance with paragraph 11B of Schedule 4; and

b

attach it to the application for the restraint order under paragraph (1).

3

A claim form under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

4

Unless the F34court otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Restraint orderRule 27

1

A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to living expenses and legal expenses of the defendant, but the prosecutor shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

2

Unless the F35court otherwise directs, a restraint order made without notice of F9the application for it being served on any person shall have effect until a day which shall be fixed for the hearing where all parties may attend on the application.

3

Where a restraint order is made the prosecutor shall serve copies of the order and F19, unless the court otherwise orders, of the witness statement or affidavit in support on the defendant and on all other persons affected by the order.

F364

Where a domestic freezing order certificate is made it must be served with the copies of the restraint order as provided for in paragraph (3).

Discharge or variation of F37a restraint order and a domestic freezing order certificateRule 28

1

Subject to paragraph (2), an application to discharge or vary a restraint order shall be made in accordance with CPR Part 23.

2

Where the case is one of urgency, an application under this rule by the prosecutor may be made without notice.

3

The application and any witness statement or affidavit in support shall be lodged with the court and, where the application is made in accordance with CPR Part 23 the application notice shall be served on the following persons (other than the applicant)—

a

the prosecutor;

b

the defendant; and

c

all other persons restrained or otherwise affected by the F38restraint order;

not less than two clear days before the date fixed for the hearing of the application.

4

Where a restraint order has been made and has not been discharged, the prosecutor shall notify the court when proceedings for the offence have been concluded, and the court shall thereupon discharge the restraint order.

5

Where an order is made discharging or varying a restraint order, the applicant shall serve copies of the order of discharge or variation on all persons restrained by the earlier order and shall notify all other persons affected of the terms of the order of discharge or variation.

F396

A reference in this rule to a restraint order also applies, where relevant, to a domestic freezing order certificate.

7

Where an order is made under paragraph (5) which discharges or varies a domestic freezing order certificate the applicant must notify the court or authority in accordance with paragraph 11C of Schedule 4.

Compensation F40in relation to a restraint order, domestic freezing order certificate or forfeiture orderRule 29

An application for an order under F10paragraph 9 or 10 of Schedule 4 shall be made in accordance with CPR Part 23, and the application notice, shall be served, with any supporting evidence, on the person alleged to be in default and on F11the person or body by whom compensation, if ordered, will be payable under paragraph 9(6) or 10(4) not less than 7 days before the date fixed for the hearing of the application.

Application for registration F41of a British Islands orderRule 30

An application for registration of a F42British Islands order under paragraph 13(4) of Schedule 4 must be made in accordance with CPR Part 23 and may be made without notice.

F43Evidence in support of an application for registration of a British Islands orderRule 31

1

An application for registration of F44a British Islands order must be supported by a witness statement or affidavit—

a

exhibiting the order or a certified copy thereof, and

b

which shall, to the best of the witness’s ability, give particulars of such property in respect of which the order was made as is in England and Wales, and specify the person or persons holding such property.

2

Unless the Court otherwise directs, a witness statement or affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

F45Register of all orders registered under the ActRule 32

1

There F22will be kept in the Central Office F23at the Royal Courts of Justice in London under the direction of the Master of the F12Administrative Court a register of the orders registered under the Act.

2

There shall be included in such register particulars of any variation or setting aside of a registration, and of any execution issued on a registered order.

Notice of registration F46of a British Islands orderRule 33

1

Notice of the registration of F47a British Islands order must be served on the person or persons holding the property referred to in rule 31(1)(b) and any other persons appearing to have an interest in that property.

F22

Permission is not required to serve such a notice out of the jurisdication and CPR rules F216.40, 6.42 and 6.46 apply in relation to such notice as they apply in relation to a claim form.

Application to vary or F48cancel registration of a British Islands orderRule 34

An application to vary or F49cancel the registration of F50a British Islands order must be made to a judge in accordance with CPR Part 23 and be supported by a witness statement or affidavit.

This rule does not apply to a variation or cancellation under rule 36.

Enforcement of F51a British Islands orderRule 35

2

If an application is made under rule 34, an order shall not be enforced until after such application is determined.

3

This rule does not apply to the taking of steps under F13paragraph 7 or 8 of Schedule 4, as applied by F14paragraph 13(6) of that Schedule.

Variation and cancellation of registration F52of a British Islands orderRule 36

If effect has been given (whether in England or Wales or elsewhere) to a F53British Islands order, or if the order has been varied or discharged by the court by which it was made, the applicant for registration shall inform the court and—

a

if such effect has been given in respect of all the money or other property to which the order applies, or if the order has been discharged by the court by which it was made, registration of the order shall be cancelled;

b

if such effect has been given in respect of only part of the money or other property, or if the order has been varied by the court by which it was made, registration of the order shall be varied accordingly.

F24Giving effect to an overseas freezing order – consideration by the court36A

1

Save in exceptional circumstances the court will consider an overseas freezing order the next business day after receipt of a copy of that order from the Secretary of State.

2

In any event the court will consider the order within 5 business days of receipt of it.

3

The court will not make an order giving effect to an overseas freezing order unless it is satisfied that the Director of Public Prosecutions has had the opportunity to make representations to the court in writing or at a hearing.

4

‘Business day’ has the same meaning as in CPR rule 6.2.

Giving effect to an overseas freezing order – registration36B

Where the court makes an order to give effect to an overseas freezing order the court will register that order in accordance with rule 32.

Notice of registration of an overseas freezing order36C

Where the court gives effect to an overseas freezing order it will order the Director of Public Prosecutions to serve notice of registration of the order on any persons affected by it.

Application to cancel the registration of, or vary, an overseas freezing order36D

An application under paragraph 11G(4) of Schedule 4 by the Director of Public Prosecutions or any person affected by an overseas freezing order must be made to the court in accordance with CPR Part 23.