33.13.—(1) This rule applies where—
(a)rule 25.16(7) applies (Trial and sentence in the Crown Court; Procedure if the court convicts);
(b)the court can make a confiscation order; and
(c)the prosecutor asks the court to make such an order, or the court considers making such an order on its own initiative.
(2) The court must satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary)—
(a)in every case—
(i)that the court’s requirements for information must be obeyed, and
(ii)the potential consequences of not doing so; and
(b)if the court makes a confiscation order—
(i)the amount that must be paid and how that has been calculated,
(ii)the potential consequences of failing to pay that amount, and
(iii)if applicable, the possibility that the prosecutor in future may apply to the court to order the defendant to pay more.
(3) The court must set a confiscation timetable that—
(a)requires the defendant to serve on the court officer and the prosecutor information under section 18 of the Proceeds of Crime Act 2002 not more than 15 business days after the court sets the timetable (or within such other period as the court directs);
(b)requires the defendant to serve on any person who holds an interest in property in which the defendant also holds an interest (‘an interested person’) not more than 15 business days after the court sets the timetable (or within such other period as the court directs)—
(i)notice of the confiscation proceedings,
(ii)notice that the defendant has named that person as an interested person, with the reasons why, and
(iii)notice of what that person must do under paragraph (9) of this rule, giving addresses for the court office, the prosecutor and the defendant;
(c)requires the prosecutor to serve on the court officer and the defendant a statement of information under section 16 of the Proceeds of Crime Act 2002 not more than 20 business days after service of the defendant’s section 18 information (or within such other period as the court directs);
(d)requires the defendant to serve on the court officer and the prosecutor a response to the prosecutor’s statement of information, under section 17 of the Proceeds of Crime Act 2002, not more than 30 business days after service of that statement (or within such other period as the court directs); and
(e)fixes a date for the confiscation hearing.
(4) The information from the defendant under section 18 of the 2002 Act must—
(a)list the defendant’s property;
(b)give details of the defendant’s income;
(c)list any property in which an interested person holds an interest and include—
(i)that person’s name and address,
(ii)the name and address of that person’s legal representative, if known, and
(iii)details of that person’s interest in the property.
(5) In or with the statement of information under section 16 of the 2002 Act the prosecutor must—
(a)set out the grounds for a confiscation order;
(b)list the prosecutor’s assertions in a way that allows the defendant to indicate the extent to which (if at all) the defendant accepts each assertion;
(c)identify any interested person known to the prosecutor but not mentioned in the defendant’s information, with details of that person’s interest;
(d)include a financial investigator’s witness statement that sets out the matters of fact on which the prosecutor relies;
(e)include any other witness statement or other evidence relied upon in support of the prosecutor’s case; and
(f)if either the defendant’s information or the prosecutor’s statement of information has mentioned an interested person, apply for further directions.
(6) Where the prosecutor mentions in the statement of information an interested person not also mentioned in the defendant’s information, at the same time as serving the statement of information the prosecutor must serve on that person—
(a)notice of the confiscation proceedings;
(b)notice that the prosecutor has named that person as an interested person, with the reasons why; and
(c)notice of what that person must do under paragraph (9) of this rule, giving addresses for the court office, the prosecutor and the defendant.
(7) In or with the response under section 17 of the 2002 Act the defendant must—
(a)state whether, and if so to what extent, the defendant accepts each assertion made by the prosecutor in the statement of information;
(b)in respect of each assertion that the defendant does not accept, give reasons why and particulars of any matters on which the defendant intends to rely;
(c)include any assertion by the defendant that benefit from criminal conduct has been shared with somebody else; and
(d)include any witness statement or other evidence relied upon in support of the defendant’s case.
(8) Where part of the defendant’s response concerns the interest of an interested person, at the same time as serving the response the defendant must serve that part on that person.
(9) An interested person served with notice of the proceedings by the defendant or by the prosecutor must, not more than 45 business days after service of that notice (or within such other period as the court directs)—
(a)serve a response on the court officer, the prosecutor and the defendant; and
(b)in or with the response—
(i)state whether, and if so to what extent, the interested person accepts the assertions made about that person’s interest,
(ii)in respect of each assertion that the interested person does not accept, give reasons why and particulars of any matters on which that person intends to rely,
(iii)give particulars of the person’s interest (if any) in the property, and
(iv)include any witness statement or other evidence on which the interested person relies.
(10) The court must—
(a)when setting the confiscation timetable take into account any indication then available that the case will involve unusual complexity; and
(b)review the timetable and give such further directions as may be needed if—
(i)the defendant or the prosecutor identifies an interested person,
(ii)other information may affect the date fixed for the confiscation hearing, or
(iii)either party applies for further directions.
(11) The court must not determine the extent of the defendant’s interest in property in which it appears to the court that another person holds an interest unless that interested person has had a reasonable opportunity to make representations.
(12) With or without a hearing, the court may—
(a)shorten or extend a time limit which it has set;
(b)vary, discharge or supplement an order (other than a confiscation order) which it has made where this rule applies; and
(c)postpone the confiscation hearing.
[Note. Under section 6 of the Proceeds of Crime Act 2002, where a defendant is convicted of an offence the Crown Court must (with some exceptions)—
(a)decide whether the defendant has ‘a criminal lifestyle’, within the meaning of the Act, or has benefited from particular criminal conduct;
(b)decide the ‘recoverable amount’, within the meaning of the Act; and
(c)make a confiscation order requiring the defendant to pay that amount.
Under section 14 of the 2002 Act, unless exceptional circumstances apply the court may postpone confiscation proceedings for a maximum of 2 years from the date of conviction, or until the end of a period of 3 months following the determination of an appeal by the defendant against conviction, if that is later.
Under section 16 of the 2002 Act, where the Crown Court is considering confiscation the prosecutor must give the court a statement of information which the prosecutor believes to be relevant to what the court must decide, within such period as the court directs. Under section 17 of the Act, where the prosecutor gives such a statement the court may order the defendant to respond and, if the defendant does not do so, then the court may treat the defendant as accepting the prosecutor’s allegations. Under section 18, for the purpose of obtaining information to help it in carrying out its functions the court may at any time order the defendant to give it information specified in the order and, if the defendant does not do so, then the court may draw such inference as it believes appropriate. Under section 18A, for the purpose of obtaining information to help it to determine the extent of the defendant’s interest in property the court may at any time order a person who the court thinks may hold an interest in that property to give it information specified in the order and, if that person does not do so, then the court may draw such inference as it believes appropriate.
Under section 27 of the 2002 Act, special provisions apply where the defendant absconds.
See also the rules in Part 3 (Case management) and Part 15 (Disclosure).
For powers to vary a confiscation order see—
(a)rule 28.4 (Variation of sentence); and
(b)rules 33.15 to 33.20.
Under section 97 of the Serious Organised Crime and Police Act 2005, the Secretary of State may by order provide for confiscation orders to be made by magistrates’ courts.]]
Textual Amendments
F1Rule 33.13 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(h)
33.14.—(1) This rule applies where—
(a)the prosecutor wants the court to make a compliance order after a confiscation order has been made; or
(b)the prosecutor or a person affected by a compliance order wants the court to vary or discharge the order.
(2) Such a prosecutor or person must—
(a)apply in writing; and
(b)serve the application on—
(i)the court officer, and
(ii)as appropriate, the prosecutor and any person who is affected by the compliance order (or who would be affected if it were made), unless the court otherwise directs.
(3) The application must—
(a)specify—
(i)the confiscation order, and
(ii)the compliance order, if it is an application to vary or discharge that order;
(b)if it is an application for a compliance order—
(i)specify each measure that the prosecutor proposes to ensure that the confiscation order is effective, including in particular any restriction or prohibition on the defendant’s travel outside the United Kingdom, and
(ii)explain why each such measure is appropriate;
(c)if it is an application to vary or discharge a compliance order, as appropriate—
(i)specify any proposed variation, and
(ii)explain why it is appropriate for the order to be varied or discharged;
(d)attach any material on which the applicant relies;
(e)propose the terms of the order; and
(f)ask for a hearing, if the applicant wants one, and explain why it is needed.
(4) A person who wants to make representations about the application must—
(a)serve the representations on—
(i)the court officer, and
(ii)the applicant;
(b)do so as soon as reasonably practicable after service of the application;
(c)attach any material on which that person relies; and
(d)ask for a hearing, if that person wants one, and explain why it is needed.
(5) The court—
(a)may determine the application at a hearing (which must be in private unless the court otherwise directs), or without a hearing; and
(b)may dispense with service on any person of a prosecutor’s application for a compliance order if, in particular—
(i)the application is urgent, or
(ii)there are reasonable grounds for believing that to give notice of the application would cause the dissipation of property that otherwise would be available to satisfy the confiscation order.
[Note. See section 13A of the Proceeds of Crime Act 2002(1).]
Commencement Information
I1Rule 33.14 in force at 5.10.2020, see Preamble
33.15.—(1) This rule applies where the prosecutor wants the court, in view of fresh evidence—
(a)to consider making a confiscation order where the defendant was convicted but no such order was considered;
(b)to reconsider a decision that the defendant had not benefited from criminal conduct; or
(c)to reconsider a decision about the amount of the defendant’s benefit.
(2) The application must—
(a)be in writing and give—
(i)the name of the defendant,
(ii)the date on which and the place where any relevant conviction occurred,
(iii)the date on which and the place where any relevant confiscation order was made or varied,
(iv)details of any slavery and trafficking reparation order made by virtue of any relevant confiscation order,
(v)the grounds for the application, and
(vi)an indication of the evidence available to support the application; and
(b)where the parties are agreed on the terms of the proposed order include, in one or more documents—
(i)a draft order in the terms proposed, and
(ii)evidence of the parties’ agreement.
(3) The application must be served on—
(a)the court officer; and
(b)the defendant.
(4) The court—
(a)may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but
(b)must determine the application at a hearing in any other case.
(5) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than [F26 business days] after it was served unless the court otherwise directs.
[Note. See sections 19, 20 and 21 of the Proceeds of Crime Act 2002(2)and section 10 of the Modern Slavery Act 2015(3).]
Textual Amendments
F2Words in rule 33.15 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(d)(i)
Commencement Information
I2Rule 33.15 in force at 5.10.2020, see Preamble
33.16.—(1) This rule applies where the prosecutor or a receiver wants the court to make a new calculation of the amount available for confiscation.
(2) The application—
(a)must be in writing and may be supported by a witness statement;
(b)must identify any slavery and trafficking reparation order made by virtue of the confiscation order; and
(c)where the parties are agreed on the terms of the proposed order, must include in one or more documents—
(i)a draft order in the terms proposed, and
(ii)evidence of the parties’ agreement.
(3) The application and any witness statement must be served on the court officer.
(4) The application and any witness statement must be served on—
(a)the defendant;
(b)the receiver, if the prosecutor is making the application and a receiver has been appointed; and
(c)the prosecutor, if the receiver is making the application.
(5) The court—
(a)may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but
(b)must determine the application at a hearing in any other case.
(6) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than [F36 business days] after it was served unless the court otherwise directs.
[Note. See section 22 of the Proceeds of Crime Act 2002(4) and section 10 of the Modern Slavery Act 2015.]
Textual Amendments
F3Words in rule 33.16 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(d)(ii)
Commencement Information
I3Rule 33.16 in force at 5.10.2020, see Preamble
33.17.—(1) This rule applies where the defendant, the prosecutor or a receiver wants the court to vary a confiscation order because the amount available is inadequate.
(2) The application—
(a)must be in writing and may be supported by a witness statement;
(b)must identify any slavery and trafficking reparation order made by virtue of the confiscation order; and
(c)where the parties are agreed on the terms of the proposed order, must include in one or more documents—
(i)a draft order in the terms proposed, and
(ii)evidence of the parties’ agreement.
(3) The application and any witness statement must be served on the court officer.
(4) The application and any witness statement must be served on—
(a)the prosecutor;
(b)the defendant, if the receiver is making the application; and
(c)the receiver, if the defendant is making the application and a receiver has been appointed.
(5) The court—
(a)may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but
(b)must determine the application at a hearing in any other case.
(6) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than [F46 business days] after it was served unless the court otherwise directs.
[Note. See section 23 of the Proceeds of Crime Act 2002(5)and section 10 of the Modern Slavery Act 2015.]
Textual Amendments
F4Words in rule 33.17 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(d)(iii)
Commencement Information
I4Rule 33.17 in force at 5.10.2020, see Preamble
33.18.—(1) This rule applies where a magistrates’ court officer wants the court to discharge a confiscation order because the amount available is inadequate or the sum outstanding is very small.
(2) The application must be in writing and give details of—
(a)the confiscation order;
(b)any slavery and trafficking reparation order made by virtue of the confiscation order;
(c)the amount outstanding under the order; and
(d)the grounds for the application.
(3) The application must be served on—
(a)the defendant;
(b)the prosecutor; and
(c)any receiver.
(4) The court may determine the application without a hearing unless a person listed in paragraph (3) indicates, within [F55 business days] after the application was served, that he or she would like to make representations.
(5) If the court makes an order discharging the confiscation order, the court officer must, at once, send a copy of the order to—
(a)the magistrates’ court officer who applied for the order;
(b)the defendant;
(c)the prosecutor; and
(d)any receiver.
[Note. See sections 24 and 25 of the Proceeds of Crime Act 2002(6)and section 10 of the Modern Slavery Act 2015.]
Textual Amendments
F5Words in rule 33.18 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(c)(iii)
Commencement Information
I5Rule 33.18 in force at 5.10.2020, see Preamble
33.19.—(1) This rule applies where the defendant wants the court to vary a confiscation order made while the defendant was an absconder.
(2) The application must be in writing and supported by a witness statement which must give details of—
(a)the confiscation order;
(b)any slavery and trafficking reparation order made by virtue of the confiscation order;
(c)the circumstances in which the defendant ceased to be an absconder;
(d)the defendant’s conviction of the offence or offences concerned; and
(e)the reason why the defendant believes the amount required to be paid under the confiscation order was too large.
(3) The application and witness statement must be served on the court officer.
(4) The application and witness statement must be served on the prosecutor at least [F65 business days] before the date fixed by the court for hearing the application, unless the court specifies a shorter period.
[Note. See section 29 of the Proceeds of Crime Act 2002(7)and section 10 of the Modern Slavery Act 2015.]
Textual Amendments
F6Words in rule 33.19 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(c)(iv)
Commencement Information
I6Rule 33.19 in force at 5.10.2020, see Preamble
33.20.—(1) This rule applies where the defendant wants the court to discharge a confiscation order made while the defendant was an absconder and—
(a)the defendant since has been tried and acquitted of each offence concerned; or
(b)the prosecution has not concluded or is not to proceed.
(2) The application must be in writing and supported by a witness statement which must give details of—
(a)the confiscation order;
(b)the date on which the defendant ceased to be an absconder;
(c)the acquittal of the defendant if he or she has been acquitted of the offence concerned; and
(d)if the defendant has not been acquitted of the offence concerned—
(i)the date on which the defendant ceased to be an absconder,
(ii)the date on which the proceedings taken against the defendant were instituted and a summary of steps taken in the proceedings since then, and
(iii)any indication that the prosecutor does not intend to proceed against the defendant.
(3) The application and witness statement must be served on the court officer.
(4) The application and witness statement must be served on the prosecutor at least [F75 business days] before the date fixed by the court for hearing the application, unless the court specifies a shorter period.
(5) If the court orders the discharge of the confiscation order, the court officer must serve notice on any other court responsible for enforcing the order.
[Note. See section 30 of the Proceeds of Crime Act 2002(8).]
Textual Amendments
F7Words in rule 33.20 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(c)(v)
Commencement Information
I7Rule 33.20 in force at 5.10.2020, see Preamble
33.21.—(1) This rule applies where—
(a)a court varies a confiscation order; and
(b)the prosecutor wants the court in consequence to increase the term of imprisonment to be served in default of payment.
(2) The application must be made in writing and give details of—
(a)the name and address of the defendant;
(b)the confiscation order;
(c)the grounds for the application; and
(d)the enforcement measures taken, if any.
(3) On receipt of the application, the court officer must—
(a)at once, send to the defendant and any other court responsible for enforcing the order, a copy of the application; and
(b)fix a time, date and place for the hearing and notify the applicant and the defendant of that time, date and place.
(4) If the court makes an order increasing the term of imprisonment in default, the court officer must, at once, send a copy of the order to—
(a)the applicant;
(b)the defendant;
(c)where the defendant is in custody at the time of the making of the order, the person having custody of the defendant; and
(d)any other court responsible for enforcing the order.
[Note. See section 39(5) of the Proceeds of Crime Act 2002(9).]
Commencement Information
I8Rule 33.21 in force at 5.10.2020, see Preamble
33.22.—(1) This rule applies where a person who held realisable property wants the court to award compensation for loss suffered in consequence of anything done in relation to that property in connection with confiscation proceedings.
(2) The application must be in writing and may be supported by a witness statement.
(3) The application and any witness statement must be served on the court officer.
(4) The application and any witness statement must be served on—
(a)the person alleged to be in default; and
(b)the person or authority by whom the compensation would be payable,
at least [F85 business days] before the date fixed by the court for hearing the application, unless the court directs otherwise.
[Note. See section 72 of the Proceeds of Crime Act 2002(10).]
Textual Amendments
F8Words in rule 33.22 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(c)(vi)
Commencement Information
I9Rule 33.22 in force at 5.10.2020, see Preamble
33.23.—(1) This rule applies where—
(a)the court varies or discharges a confiscation order made against an absconder;
(b)a person who held realisable property suffered loss as a result of the making of that confiscation order; and
(c)that person wants the court to award compensation for that loss.
(2) The application must be in writing and supported by a witness statement which must give details of—
(a)the confiscation order;
(b)the variation or discharge of the confiscation order;
(c)the realisable property to which the application relates; and
(d)the loss suffered by the applicant as a result of the confiscation order.
(3) The application and witness statement must be served on the court officer.
(4) The application and witness statement must be served on the prosecutor at least [F95 business days] before the date fixed by the court for hearing the application, unless the court specifies a shorter period.
[Note. See section 73 of the Proceeds of Crime Act 2002(11).]
Textual Amendments
F9Words in rule 33.23 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(c)(vii)
Commencement Information
I10Rule 33.23 in force at 5.10.2020, see Preamble
33.24.—(1) An order under section 67 of the Proceeds of Crime Act 2002(12) requiring the payment of money to a magistrates’ court officer (‘a payment order’) shall—
(a)be directed to—
(i)the [F10relevant financial institution] concerned, where the money is held in an account maintained with that [F10relevant financial institution], or
(ii)the person on whose authority the money is detained, in any other case;
(b)name the person against whom the confiscation order has been made;
(c)state the amount which remains to be paid under the confiscation order;
[F11(d)state the name and address of the relevant financial institution at which the account in which the money ordered to be paid is held and the sort code, if known;]
(e)state the name in which the account in which the money ordered to be paid is held and the account number of that account, if the account number is known;
(f)state the amount which the [F10relevant financial institution] is required to pay to the court officer under the payment order;
(g)give the name and address of the court officer to whom payment is to be made; and
(h)require the [F10relevant financial institution] to make payment within a period of [F125 business days] beginning on the day on which the payment order is made, unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances.
(2) In this rule ‘confiscation order’ has the meaning given to it by section 88(6) of the Proceeds of Crime Act 2002.
[F13[Note. Under section 67(8) of the Proceeds of Crime Act 2002, “relevant financial institution” means a bank, a building society, an electronic money institution or a payment institution; “electronic money institution” means an institution or person registered by the Financial Conduct Authority under the Electronic Money Regulations 2011; and “payment institution” means a person registered by that Authority under the Payment Services Regulations 2017.]]
Textual Amendments
F10Words in rule 33.24(1) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(i)(i)
F11Rule 33.24(1)(d) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(i)(ii)
F12Words in rule 33.24 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(c)(viii)
F13Rule 33.24 Note inserted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(i)(iii)
Commencement Information
I11Rule 33.24 in force at 5.10.2020, see Preamble
33.25.—(1) This rule applies where a magistrates’ court can make an order—
(a)under section 67A of the Proceeds of Crime Act 2002 authorising the realisation of seized personal property;
(b)under section 67B of the 2002 Act determining any storage, insurance or realisation costs recoverable by the officer;
(c)under section 67ZA of the 2002 Act requiring the realisation of seized cryptoassets; or
(d)under section 67AA of the 2002 Act authorising the destruction of seized cryptoassets.
(2) An applicant for such an order must—
(a)apply in writing; and
(b)serve the application on—
(i)the court officer, and
(ii)any person whom the applicant believes would be affected by an order, including (where the application concerns cryptoassets) the UK-connected cryptoasset service provider which administers the crypto wallet in which the cryptoassets are held.
(3) The application must—
(a)specify the property or cryptoassets concerned;
(b)explain the applicant’s entitlement to apply and, as applicable—
(i)how the proposed realisation of personal property meets the conditions prescribed by section 67A of the 2002 Act,
(ii)how any storage, etc. costs have been calculated,
(iii)how the proposed realisation of cryptoassets meets the conditions prescribed by section 67ZA of the 2002 Act, and
(iv)how the proposed destruction of cryptoassets meets the conditions prescribed by section 67AA of the 2002 Act;
(c)attach any material on which the applicant relies; and
(d)propose the terms of the order, including an assessment of the market value of any cryptoassets ordered to be destroyed.
(4) The court may—
(a)determine the application at a hearing, or without a hearing;
(b)consider an application made orally instead of in writing; and
(c)consider an application which has not been served on a person likely to be affected by an order.
(5) If the court authorises a realisation of personal property or a realisation or destruction of cryptoassets, the applicant must—
(a)notify any person affected by the order who was absent when it was made; and
(b)serve on the court officer a list of those so notified.
[Note. Under sections 67ZA and 67A of the Proceeds of Crime Act 2002, one of the officers listed in section 41A of the Act may apply to a magistrates’ court for authority to realise personal property or cryptoassets seized by such an officer if—
(a)a confiscation order has been made against a person who holds that property or those cryptoassets;
(b)no receiver has been appointed in relation to that property or those cryptoassets; and
(c)any period allowed for payment of the confiscation order has expired.
Under section 67AA of the 2002 Act, in those same circumstances an officer may apply to a magistrates’ court for authority to destroy cryptoassets if it is not reasonably practicable to realise them or there are reasonable grounds to believe that their realisation would be contrary to the public interest, having regard in particular to how likely it is that the entry of the cryptoassets into general circulation would facilitate criminal conduct by any person.
Under section 67B of the 2002 Act, if a magistrates’ court makes an order under section 67A then on the same or a subsequent occasion the court may determine an amount which may be recovered by the applicant in respect of reasonable costs incurred in storing or insuring the property, or realising it.
In the 2002 Act, for the purposes of the provisions to which this rule refers—
(a)section 84 makes general provisions about property; and
(b)section 84A defines ‘cryptoasset’ and related expressions.]]
Textual Amendments
F14Rule 33.25 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(j)
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(13);
(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; or
(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; and
(b)not more than [F1615 business 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; and
(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.
[F17[Note. Under section 67C of the Proceeds of Crime Act 2002, an officer entitled to apply for an order under section 67ZA, 67A, 67AA or 67B of that Act (authority to realise seized property or requirement to realise cryptoassets towards satisfaction of a confiscation order; authority to destroy cryptoassets; 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 defendant against whom the confiscation order was made, may appeal against the order.]]
Textual Amendments
F15Rule 33.26 heading substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(k)(i)
F16Words in rule 33.26 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(f)(i)
F17Rule 33.26 Note substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(k)(ii)
Commencement Information
I12Rule 33.26 in force at 5.10.2020, see Preamble
33.27.—(1) This rule applies where—
(a)on an application under rule 33.25, a magistrates’ court has made an order authorising [F18the realisation of personal property or requiring the realisation of cryptoassets];
(b)an officer F19... holds proceeds of that realisation;
(c)the confiscation order has been fully paid; and
(d)the officer, or a person who had or has an interest in the property [F20or cryptoassets] represented by the proceeds, wants a magistrates’ court or the Crown Court to determine under section 67D of the Proceeds of Crime Act 2002(14)—
(i)to whom the remaining proceeds should be paid, and
(ii)in what amount or amounts.
(2) Such a person must—
(a)apply in writing; and
(b)serve the application on—
(i)the court officer, and
(ii)as appropriate, the officer holding the proceeds, or any person to whom such proceeds might be paid.
(3) The application must—
(a)specify the property [F21or cryptoassets] realised;
(b)explain the applicant’s entitlement to apply;
(c)describe the distribution proposed by the applicant and explain why that is proposed;
(d)attach any material on which the applicant relies; and
(e)ask for a hearing, if the applicant wants one, and explain why it is needed.
(4) A person who wants to make representations about the application must—
(a)serve the representations on—
(i)the court officer,
(ii)the applicant, and
(iii)any other person to whom proceeds might be paid;
(b)do so as soon as reasonably practicable after service of the application;
(c)attach any material on which that person relies; and
(d)ask for a hearing, if that person wants one, and explain why it is needed.
(5) The court—
(a)must not determine the application unless the applicant and each person on whom it was served—
(i)is present, or
(ii)has had an opportunity to attend or to make representations; but
(b)subject to that, may determine the application—
(i)at a hearing (which must be in private unless the court otherwise directs), or without a hearing, and
(ii)in the absence of any party to the application.
[Note. Under section 67D of the Proceeds of Crime Act 2002, a magistrates’ court or the Crown Court may determine to whom, and in what proportions, any surplus proceeds of realisation must be distributed. Once a magistrates’ court has made such a determination, the Crown Court may not do so, and vice versa.]
Textual Amendments
F18Words in rule 33.27(1)(a) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(l)(i)
F19Words in rule 33.27(1)(b) omitted (1.4.2024) by virtue of The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(l)(ii)
F20Words in rule 33.27(1)(d) inserted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(l)(iii)
F21Words in rule 33.27(3)(a) substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(l)(iv)
Commencement Information
I13Rule 33.27 in force at 5.10.2020, see Preamble
2002 c. 29; section 13A was inserted by section 7 of the Serious Crime Act 2015 (c. 9).
2002 c. 29; sections 19, 20 and 21 were amended by section 74(2) of, and paragraph 1 and paragraphs 8, 9 and 10 respectively, of Schedule 8 to, the Serious Crime Act 2007 (c. 27). Sections 19 and 20 were further amended by paragraphs 16 and 17 of Schedule 5 to the Modern Slavery Act 2015 (c. 30).
2002 c. 29; section 22 was amended by section 74(2) of, and paragraph 11 of Schedule 8 to, the Serious Crime Act 2007 (c. 27).
2002 c. 29; section 23 was amended by section 74(2) of, and paragraph 12 of Schedule 8 to, the Serious Crime Act 2007 (c. 27) and section 8 of the Serious Crime Act 2015 (c. 9).
2002 c. 29; sections 24 and 25 were amended by section 109(1) of, and paragraphs 406(a) and 406(b), respectively, of Schedule 8 to, the Courts Act 2003 (c. 39).
2002 c. 29; section 39(5) was amended by section 74(2) of, and paragraphs 1 and 21(2) of Schedule 8 to, the Serious Crime Act 2007 (c. 27).
2002 c. 29; section 72 was amended by section 50(6) of, and paragraph 97 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11), section 61 of the Policing and Crime Act 2009 (c. 26) and sections 15 and 55 of, and paragraphs 108 and 114 of Schedule 8 and paragraphs 14 and 19 of Schedule 21 to, the Crime and Courts Act 2013 (c. 22).
2002 c. 29; section 67 was amended by section 109 of, and paragraph 409 of Schedule 8 to, the Courts Act 2003 (c. 39), section 74 of, and paragraph 33 of Schedule 8 to, the Serious Crime Act 2007 (c. 27), section 14 of the Serious Crime Act 2015 (c. 9) and section 26 of the Criminal Finances Act 2017 (c. 22).
2002 c. 29; section 67C was inserted by section 58 of the Policing and Crime Act 2009 (c. 26).
2002 c. 29; section 67D was inserted by section 58 of the Policing and Crime Act 2009 (c. 26).