http://www.legislation.gov.uk/id/uksi/2003/82

http://www.legislation.gov.uk/uksi/2003/82/part/3/made

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

Courts of law

UK Parliament

Crime

Hearings

Witnesses

King's Printer of Acts of Parliament

2017-06-12

PROCEEDS OF CRIME

This Order makes provision corresponding to provision in the Criminal Appeal Act 1968 (“the 1968 Act”) with modifications for the purposes of three new appeals introduced by the Proceeds of Crime Act 2002 (“the 2002 Act”). The first is an appeal under section 31 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 33 of the 2002 Act) by the prosecutor or Director of the Assets Recovery Agency against a confiscation order or a failure of the Crown Court to make a confiscation order. The second is an appeal under section 43 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 44 of the 2002 Act) in respect of decisions of the Crown Court about restraint orders. The third is an appeal under section 65 of the 2002 Act to the Court of Appeal (and from there to the House of Lords under section 66 of the 2002 Act) in respect of decisions of the Crown Court about receivers.

Pt. 3 heading

art. 3(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

The Constitutional Reform Act 2005 (Consequential Amendments) Order 2011

art. 11 heading

art. 3(3)(a)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

The Constitutional Reform Act 2005 (Consequential Amendments) Order 2011

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 6(3)-(7)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 7

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 8(1)(ca)

(cb)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 9(b)

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 9(1)(aa)

(ab)

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 10(b)

art. 1(2)

The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003

art. 10A-10C

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

art. 12

art. 1(2)

PART 3—APPEAL TO HOUSE OF LORDS

Leave to appeal to House of Lords11

An appeal to the House of Lords under section 33, 44 or 66 of the Act lies only with the leave of the Court of Appeal or the House of Lords; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the House of Lords (as the case may be) that the point is one which ought to be considered by that House.

Application for leave to appeal12

1

An application to the Court of Appeal for leave to appeal to the House of Lords under section 33, 44 or 66 of the Act shall be made within the period of 14 days beginning with the date on which Court of Appeal gives reasons for the decision which is the subject of the appeal; and an application to the House of Lords for leave shall be made within the period of 14 days beginning with the date on which the application for leave is refused by the Court of Appeal.

2

The House of Lords or the Court of Appeal may, upon application made at any time by the appellant, extend the time within which an application may be made by him to that House or the Court under paragraph (1).

3

An appeal to the House of Lords shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this Order an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

Hearing and disposal of appeal13

1

An appeal under section 33, 44 or 66 of the Act shall not be heard and determined by the House of Lords unless there are present at least three of the persons designated Lords of Appeal by section 5 of the Appellate Jurisdiction Act 18762.

2

Any order of the House of Lords which provides for the hearing of applications for leave to appeal by a committee constituted in accordance with section 5 of the said Act of 1876 may direct that the decision of that committee shall be taken on behalf of the House.

Presence of defendant at hearing14

A defendant who is in custody shall not be entitled to be present on the hearing of an appeal to the House of Lords under section 33, 44 or 66 of the Act or of any proceedings preliminary or incidental thereto, except where an order of the House of Lords authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.

Powers of Court of Appeal under Part 3 which are exercisable by single judge15

There may be exercised by a single judge the powers of the Court of Appeal—

a

to extend the time for making an application for leave to appeal under article 12(2); and

b

to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal under article 14,

but where the judge refuses an application to exercise any of the said powers the applicant shall be entitled to have the application determined by the Court of Appeal.