Rule 33.47 Application for discharge or variation of restraint or ancillary order by a person affected by the orderI1

England and Wales

(1)

This rule applies where a person affected by a restraint order makes an application to the Crown Court under section 42(3) of the Proceeds of Crime Act 2002 to discharge or vary the restraint order or any ancillary order made under section 41(7) of the Act.

(2)

The application must be in writing and may be supported by a witness statement.

(3)

The application and any witness statement must be lodged with the Crown Court.

(4)

The application and any witness statement must be served on the person who applied for the restraint order and any person who is prohibited from dealing with realisable property by the restraint order (if he is not the person making the application) at least 2 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(5)

Where the application is for the Crown Court to make or vary an exception for the applicant’s reasonable living expenses it must include—

(a)

details of the applicant’s current income and expenditure, with evidence of each item; and

(b)

representations about proposed expenditure that include—

(i)

the applicant’s previous standard of living and usual expenditure;

(ii)

the possibility that the expenditure might maintain or improve the value of assets available to meet a confiscation order,

(iii)

the possibility that the expenditure might reduce the value of such assets to less than the likely value of a confiscation order,

(iv)

the likely duration of the restraint order, and

(v)

the overall total of proposed expenditure.

Annotations

Commencement

I1: Rule 33.47 in force at 6.10.2025, see Preamble