33.54.—(1) This rule applies where the applicant for a restraint order makes an application under section 42(3) of the Proceeds of Crime Act 2002 to the Crown Court to vary the restraint order or any ancillary order made under section 41(7) of the 2002 Act (including where the court has already made a restraint order and the applicant is seeking to vary the order in order to restrain further realisable property).
(2) The application may be made without notice if the application is urgent or if there are reasonable grounds for believing that giving notice would cause the dissipation of realisable property which is the subject of the application.
(3) The application must be in writing and must be supported by a witness statement which must—
(a)give the grounds for the application;
(b)where the application is for the inclusion of further realisable property in a restraint order give full details, to the best of the witness’s ability, of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;
(c)where the application is to vary an ancillary order, include, if appropriate—
(i)any request for an order for disclosure of documents to which rule 33.40 applies (Disclosure and inspection of documents),
(ii)the identity of any person whom the applicant wants the court to examine about the extent or whereabouts of realisable property,
(iii)a list of the main questions that the applicant wants to ask any such person, and
(iv)a list of any documents to which the applicant wants to refer such a person; and
(d)include the proposed terms of the variation.
(4) An application by an accredited financial investigator must include a statement that, under section 68 of the 2002 Act, the applicant has authority to apply.
(5) The application and witness statement must be lodged with the Crown Court.
(6) Except where, under paragraph (2), notice of the application is not required to be served, the application and witness statement must be served on any person who is prohibited from dealing with realisable property by the restraint order at least 2 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.
(7) If the court makes an order for the variation of a restraint or ancillary order, the applicant must serve copies of the order and of the witness statement made in support of the application on—
(a)the defendant;
(b)any person who is prohibited from dealing with realisable property by the restraint order (whether before or after the variation); and
(c)any other person whom the applicant knows to be affected by the order.