Paragraph Rule 11A Compensation for, discharge and variation of confiscation order

England and Wales

(1)

An application under section 21, 22 or 23 shall be made in accordance with CPR Part 23 which, together with any evidence in support, shall be lodged with the Court and served on the prosecutor not less than 7 days before the day fixed for the hearing of the application.

(2)

Notice shall also be served on any receiver appointed in pursuance of a charging order or under section 26 or 29.

(3)

An application for an order under section 22 shall be supported by a witness statement or affidavit giving details of—

(a)

the confiscation order made under section 19 (4);

(b)

the acquittal of the defendant;

(c)

the realisable property held by the defendant; and

(d)

the loss suffered by the applicant as a result of the confiscation order.

(4)

An application for an order under section 23 shall be supported by a witness statement or affidavit giving details of—

(a)

the confiscation order made under section 19 (4);

(b)

the date on which the defendant ceased to be an absconder;

(c)

the date on which proceedings against the defendant were instituted and a summary of the steps taken in the proceedings since then; and

(d)

any indication given by the prosecutor that he does not intend to proceed against the defendant.

(5)

An application made under section 21 shall be supported by a witness statement or affidavit giving details of—

(a)

the confiscation order made under section 19(4);

(b)

the circumstances in which the defendant ceased to be an absconder; and

(c)

the amounts referred to in section 21 (2).

(6)

Where an application is made for an order under section 23 (3) or 24 (2)(b), the witness statement or affidavit shall also include—

(a)

details of the realisable property to which the application relates; and

(b)

details of the loss suffered by the applicant as a result of the confiscation order.

(7)

Unless the Court otherwise orders, a witness statement or affidavit under paragraphs (3) to (6) may contain statements of information and belief, with the sources and grounds thereof.

Notes on Schedule 1

Modifications

C1: Sch. 1, Sch. 2 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
C2: Sch. 1 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))

Paragraph Rule 11A Compensation for, discharge and variation of confiscation order

Notes on Schedule 1

Modifications

Commencement

Notes on

Footnotes