Rule 33.11 Confiscation proceedingsI1

rule 25.16(7) applies (Trial and sentence in the Crown Court; Procedure if the court convicts);

the court can make a confiscation order; and

the prosecutor asks the court to make such an order, or the court considers making such an order on its own initiative.

in every case—

if the court makes a confiscation order—

requires the defendant to serve on the court officer and the prosecutor information under section 18 of the Proceeds of Crime Act 2002^f1 not more than 15 business days after the court sets the timetable (or within such other period as the court directs);

requires the defendant to serve on any person who holds an interest in property in which the defendant also holds an interest (‘an interested person’) not more than 15 business days after the court sets the timetable (or within such other period as the court directs)—

requires the prosecutor to serve on the court officer and the defendant a statement of information under section 16 of the Proceeds of Crime Act 2002^f2 not more than 20 business days after service of the defendant’s section 18 information (or within such other period as the court directs);

requires the defendant to serve on the court officer and the prosecutor a response to the prosecutor’s statement of information, under section 17 of the Proceeds of Crime Act 2002^f3, not more than 30 business days after service of that statement (or within such other period as the court directs); and

fixes a date for the confiscation hearing.

list the defendant’s property;

give details of the defendant’s income;

list any property in which an interested person holds an interest and include—

set out the grounds for a confiscation order;

list the prosecutor’s assertions in a way that allows the defendant to indicate the extent to which (if at all) the defendant accepts each assertion;

identify any interested person known to the prosecutor but not mentioned in the defendant’s information, with details of that person’s interest;

include a financial investigator’s witness statement that sets out the matters of fact on which the prosecutor relies;

include any other witness statement or other evidence relied upon in support of the prosecutor’s case; and

if either the defendant’s information or the prosecutor’s statement of information has mentioned an interested person, apply for further directions.

notice of the confiscation proceedings;

notice that the prosecutor has named that person as an interested person, with the reasons why; and

notice of what that person must do under paragraph (9) of this rule, giving addresses for the court office, the prosecutor and the defendant.

state whether, and if so to what extent, the defendant accepts each assertion made by the prosecutor in the statement of information;

in respect of each assertion that the defendant does not accept, give reasons why and particulars of any matters on which the defendant intends to rely;

include any assertion by the defendant that benefit from criminal conduct has been shared with somebody else; and

include any witness statement or other evidence relied upon in support of the defendant’s case.

serve a response on the court officer, the prosecutor and the defendant; and

in or with the response—

when setting the confiscation timetable take into account any indication then available that the case will involve unusual complexity; and

review the timetable and give such further directions as may be needed if—

shorten or extend a time limit which it has set;

vary, discharge or supplement an order (other than a confiscation order) which it has made where this rule applies; and

postpone the confiscation hearing.