Explanatory note

This Act of Adjournal amends Chapter 37AA of the Criminal Procedure Rules 1996 to expand on the procedure set out for confiscation proceedings under the Proceeds of Crime Act 2002 (c. 29).

Paragraph 2(1) amends rule 37AA.2 to provide for a hearing within 4 weeks where written representations are lodged under section 92(8) of the Proceeds of Crime Act 2002.

Paragraph 2(2) amends rule 37AA.5 to require the prosecutor and the accused to serve on each other a copy of the statement of information and response given to the Court and requires arrangements to be made for the accused to view and, if required, copy documents the prosecutor intends to rely upon.

Paragraph 2(3) inserts new rules 37AA.5A to 37AA.5G setting out a new procedure for confiscation proceedings where the High Court is proceeding under section 92 and a statement of information is given by the prosecutor under section 101(1) or 110(2)(b) of the Proceeds of Crime Act 2002. The procedure envisages a maximum of two procedural hearings, a hearing to check preparation and a final determination hearing.

Rule 37AA.5A provides that parties may adjust in the 6 week period following the lodging of the accused’s response.

Under rule 37AA.5B the High Court shall, at the first procedural hearing (which is to take place at the end of the adjustment period), ascertain the readiness of parties, may make certain procedural orders and may either fix a second procedural hearing or proceed to fix a determination hearing.

Rule 37AA.5C provides that, where a second procedural hearing is fixed, the High Court will again ascertain the state of readiness of the parties and may make further procedural orders. At that stage, the High Court may continue the hearing for a period of up to 4 weeks or fix a determination hearing.

Rule 37AA.5D provides that, where the High Court fixes a determination hearing, a timetable shall be issued by the Clerk of Justiciary providing for a pre-determination hearing meeting to take place, a minute of the meeting to be lodged and the last date for lodging productions and witness lists. The High Court may also make any further orders it considers appropriate. A form of minute of the pre-determination hearing meeting and a form of timetable order is provided.

Rule 37AA.5E makes provision for a hearing to check preparation at which the minute of the pre-determination hearing meeting will be considered by the High Court. The High Court will also ascertain the state of readiness of the parties and may make any further orders it considers appropriate.

Rule 37AA.5F makes provision for adjustment and rule 37AA.5G makes provision for the date of any hearing to take into account public holidays that fall on a Monday, both rules applying to proceedings before the High Court only.