Rule 42.20 Hearing of appealsI1

England and Wales

(1)

This rule applies to an appeal under section 13B, 31, 43 or 65 of the Proceeds of Crime Act 2002^f1.

(2)

The appeal must be limited to a review of the decision of the Crown Court unless the Court of Appeal considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(3)

The Court of Appeal may draw any inference of fact which it considers justified on the evidence.

(4)

Rule 36.14 (Grounds of appeal and opposition) applies in relation to an appeal under section 13B, 31, 43 or 65 of the Proceeds of Crime Act 2002 as it applies in relation to an appeal listed in rule 36.1 (When this Part applies).

[Note. For the powers of the Court of Appeal on an appeal to which this Part applies, see sections 13B, 32, 43, 65 and 89 of the Proceeds of Crime Act 2002^f2. See also section 91 of the 2002 Act^f3 in relation to procedure rules.]

Annotations

Commencement

I1: Rule 42.20 in force at 6.10.2025, see Preamble

Footnotes

f1: 2002 c. 29; section 13B was inserted by section 7 of the Serious Crime Act 2015 (c. 9). Section 31 was amended by section 94 of, and paragraph 16 of Schedule 8 and Schedule 14 to, the Serious Crime Act 2007 (c. 27) and section 3 of, and paragraph 27 of Schedule 4 to, the Serious Crime Act 2015 (c. 9). Section 65 was amended by section 94 of, and paragraph 32 of Schedule 8 and Schedule 14 to, the Serious Crime Act 2007 (c. 27).
f2: 2002 c. 29; section 32 was amended by section 12 of, and paragraph 20 of the Schedule to, the Prevention of Social Housing Fraud Act 2013 (c. 3), section 3 of, and paragraph 28 of Schedule 4 to, the Serious Crime Act 2015 (c. 9), section 61 of, and paragraph 18 of Schedule 5 to, the Modern Slavery Act 2015 (c. 30) and section 416 of, and paragraph 190 of Schedule 24 to, the Sentencing Act 2020 (c. 17). Section 89 was amended by sections 94 and 110 of the Courts Act 2003 (c. 39), section 148 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4) and paragraph 34 of Schedule 4 to the Serious Crime Act 2015 (c. 9).
f3: 2002 c. 29; section 91 was amended by section 110 of, and paragraph 410 of Schedule 8 to, the Courts Act 2003 (c. 39).