Paragraph Rule 26 Application for restraint order and domestic freezing order certificateF10

England and Wales

(1)

An application for a restraint order F1and, where relevant, a domestic freezing order certificate under paragraphs 5 and 11B of Schedule 4 may be made by the prosecutor by a claim form, which need not be served on any person.

(2)

An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall:—

F2(a)

state, as the case may be, either—

(i)

that proceedings have been instituted against a person for an offence under any of sections 15 to 18 of the Act and that they have not been concluded; or

(ii)

that a criminal investigation has been started in England and Wales with regard to such an offence,

and in either case give details of the alleged or suspected offence and of the defendant’s involvement;

(b)

F3where proceedings have been instituted, state, as the case may be, that a forfeiture order has been made in the proceedings or the grounds for believing that such an order may be made;

F4(ba)

where proceedings have not been instituted—

(i)

indicate the state of progress of the investigation and when it is anticipated that a decision will be taken on whether to institute proceedings against the defendant;

(ii)

state the grounds for believing that a forfeiture order may be made in any proceedings against the defendant; and

(iii)

verify that the prosecutor is to have the conduct of any such proceedings;

(c)

to the best of the witness’s ability, give full particulars of the property in respect of which F5the restraint order and, where relevant, the domestic freezing order certificate is sought and specify the person or persons holding such property and any other persons having an interest in itF6.

F7(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(2A)

An applicant who seeks a domestic freezing order certificate must—

(a)

prepare a draft of the certificate in accordance with paragraph 11B of Schedule 4; and

(b)

attach it to the application for the restraint order under paragraph (1).

(3)

A claim form under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

(4)

Unless the F9court otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.