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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003. It contains provisions which correspond to those under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005) (England and Wales) (Appeals under Part 2) Order 2012 (SI 2012 No 138). SI 2012 No 138 makes provision corresponding to provisions in the Criminal Appeal Act 1968 (“the 1968 Act”) with modifications for the purposes of an appeal to the Court of Appeal (and from there to the Supreme Court) introduced by Articles 47(3) and 48(2) of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (“the external requests order”) that was made under sections 444 and 459(2) of the Proceeds of Crime Act 2002. The purpose of the amendments in this Order is to ensure consistency between appeals (to the Court of Appeal and then on to the Supreme Court) under part 2 of the Proceeds of Crime Act 2002 and those which relate to external requests and orders. It applies to appeals that are both ongoing at the time this Order comes into force and those commenced after.

Articles 4 and 5 make provision corresponding to section 18 of the 1968 Act and give the time limit for giving notice of application for leave to appeal to the Court of Appeal.

Articles 6 and 7 make provision corresponding to section 22 of the 1968 Act and provides when and how a person is permitted to be at the hearing of an appeal by the Court of Appeal.

Article 8 makes provision corresponding to section 23 of the 1968 Act and sets out the Court of Appeal’s powers to order the production of documents and other evidence and require witnesses to attend.

Article 9 makes provision corresponding to section 31 of the 1968 Act and sets out which of the Court of Appeal’s powers may be exercised by a single judge.

Article 10 makes provision corresponding to section 31A of the 1968 Act and sets out which of the Court of Appeal’s powers may be exercised by the registrar.

Article 11 makes provision about transcripts.

Article 12 makes provision corresponding to section 31B of the 1968 Act and sets out which of the Court of Appeal’s procedural directions powers may be exercised by a single judge and the registrar. Further, it makes provision corresponding to section 31C of the 1968 Act and sets out appeals to a single judge in respect of decisions by the registrar concerning procedural directions. It also makes provision corresponding to section 44A of the 1968 Act about appeals in the case of death.

Articles 13 and 14 make provision corresponding to section 38 of the 1968 Act and deals with when and how a person is permitted to be at the hearing of an appeal by the Supreme Court.

An Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.