42.5.—(1) This rule applies where a magistrates’ court can vary or discharge a compensation order on application by the defendant.
(2) A defendant who wants the court to exercise that power must—
(a)apply in writing as soon as practicable after becoming aware of the grounds for doing so;
(b)serve the application on the magistrates’ court officer;
(c)where the compensation order was made in the Crown Court, serve a copy of the application on the Crown Court officer; and
(d)in the application, specify the compensation order that the defendant wants the court to vary or discharge and explain (as applicable)—
(i)what civil court finding shows that the injury, loss or damage was less than it had appeared to be when the order was made,
(ii)in what circumstances the person for whose benefit the order was made has recovered the property for the loss of which it was made,
(iii)why a confiscation order makes the defendant now unable to pay compensation in full, or
(iv)in what circumstances the defendant’s means have been reduced substantially and unexpectedly, and why they seem unlikely to increase for a considerable period.
(3) The court officer must serve a copy of the application on the person for whose benefit the compensation order was made.
(4) The court must not vary or discharge the compensation order unless—
(a)the defendant, and the person for whose benefit it was made, each has had an opportunity to make representations at a hearing (whether or not either in fact attends); and
(b)where the order was made in the Crown Court, the Crown Court has notified its consent.
[Note. For the circumstances in which—
(a)the court may make a compensation order, see section 130 of the Powers of Criminal Courts (Sentencing) Act 2000(1);
(b)a magistrates’ court with power to enforce such an order may vary or discharge it under the 2000 Act, see section 133(2). (Under section 133(4), where the order was made in the Crown Court, the magistrates’ court must first obtain the Crown Court’s consent.)]
2000 c. 6; section 130 was amended by paragraphs 90 and 117 of Schedule 32 to the Criminal Justice Act 2003 (c. 44), section 14(1) of, and paragraph 29 of Schedule 1 to, the Fraud Act 2006 (c. 35), section 49 of, and paragraph 6(b) of Schedule 1 to, the Violent Crime Reduction Act 2006 (c. 38) and section 148(1) of, and paragraphs 40 and 46 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4). It is further amended by section 63 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.
2000 c. 6; section 133 was amended by section 456 of, and paragraphs 1 and 37(1) and (3) of Schedule 11 to, the Proceeds of Crime Act 2002 (c. 29).