Rule 33.17 Application for variation of confiscation order made against an absconderI1

England and Wales

(1)

This rule applies where the defendant wants the court to vary a confiscation order made while the defendant was an absconder.

(2)

The application must be in writing and supported by a witness statement which must give details of—

(a)

the confiscation order;

(b)

any slavery and trafficking reparation order made by virtue of the confiscation order;

(c)

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

(d)

the defendant’s conviction of the offence or offences concerned; and

(e)

the reason why the defendant believes the amount required to be paid under the confiscation order was too large.

(3)

The application and witness statement must be served on the court officer.

(4)

The application and witness statement must be served on the prosecutor at least 5 business days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.

[Note. See section 29 of the Proceeds of Crime Act 2002^f1and section 10 of the Modern Slavery Act 2015.]

Rule 33.17 Application for variation of confiscation order made against an absconderI1

Annotations

Commencement

Footnotes