The Criminal Procedure Rules 2020

[F1 Appeal about decision on application to realise seized property or to realise or destroy cryptoassets] E+W

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; 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 [F2 15 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.

[F3 [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

F1 Rule 33.26 heading substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(k)(i)

F2 Words in rule 33.26 substituted (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 9(f)(i)

F3 Rule 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

I1 Rule 33.26 in force at 5.10.2020, see Preamble

(1)

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