Paragraph 37AA.6 Reconsideration of case, benefit or available amountF1

(1)

This rule applies to an application by the prosecutor under any of the following provisions of the Act of 2002:–

(a)

to consider new evidence under–

(i)

paragraph (c) of subsection (1) of section 104 (no order made: reconsideration of case);

(ii)

paragraph (b) of subsection (3) of section 105 (no order made: reconsideration of benefit); or

(iii)

paragraph (d) of subsection (1) of section 106 (order made: reconsideration of benefit); and

(b)

to make a new calculation of the available amount under paragraph (c) of subsection (1) of section 107 (order made: reconsideration of available amount).

(2)

An application mentioned in the foregoing paragraph–

(a)

shall be made by minute; and

(b)

shall be served by the prosecutor on the accused and any other person likely to be affected by it.

Annotations

Textual amendments

F1: Sch. 2 Ch. 37AA substituted for Sch. 2 Ch. 37 (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/120), paras. 1(1), 2(2) (with para. 3)