The Criminal Procedure Rules 2015

Appeal about decision on application to realise seized property

33.26.—(1) This rule applies where on an application under rule 33.25 for an order authorising the realisation of property—

(a) a magistrates’ court decides not to make such an order and an officer who is entitled to apply wants to appeal against that decision to the Crown Court, under section 67C(1) of the Proceeds of Crime Act 2002(1);

(b) a magistrates’ court makes such an order and a person who is affected by that decision, other than the defendant against whom the confiscation order was made, wants to appeal against it to the Crown Court, under section 67C(2) of the 2002 Act;

(c) a magistrates’ court makes a decision about storage, etc. costs and an officer who is entitled to apply wants to appeal against that decision to the Crown Court, under section 67C(4) of the 2002 Act.

(2) The appellant must serve an appeal notice—

(a) on the Crown Court officer and on any other party;

(b) not more than 21 days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 33.25(5).

(3) The appeal notice must—

(a) specify the decision under appeal;

(b) where paragraph (1)(a) applies, explain why the property should be realised;

(c) in any other case, propose the order that the appellant wants the court to make, and explain why.

(4) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 67C of the Proceeds of Crime Act 2002, an officer entitled to apply for an order under section 67A or 67B of that Act (authority to realise seized property towards satisfaction of a confiscation order; determination of storage, etc. costs) may appeal against a refusal to make an order, or against a costs determination; and a person affected by an order, other than the owner, may appeal against the order.]

(1)

2002 c. 29; section 67C was inserted by section 58 of the Policing and Crime Act 2009 (c. 26).