Rule 47.38 Application for an order under section 59 of the Criminal Justice and Police Act 2001I1
England and Wales
This rule applies where an applicant wants the court to make an order to which rule 47.35(1)(b) refers.
The applicant must apply in writing and serve the application on—
the court officer; and
as appropriate—
the person who for the time being has the seized property,
each person whom the applicant knows or believes to have a relevant interest in the property.
In each case, the application must—
explain the applicant’s interest in the property (either as a person with a relevant interest, or as possessor of the property in consequence of its seizure, as appropriate);
explain the circumstances of the seizure of the property and identify the power that was exercised to seize it (or which the person seizing it purported to exercise, as appropriate); and
include or attach a list of those on whom the applicant has served the application.
On an application for an order for the return of property under section 59(4) of the Criminal Justice and Police Act 2001, the application must explain why any one or more of these applies—
there was no power to make the seizure;
the property seized is, or contains, an item subject to legal privilege which is not an item that can be retained lawfully in the circumstances listed in section 54(2) of the Act;
the property seized is, or contains, excluded or special procedure material which is not material that can be retained lawfully in the circumstances listed in sections 55 and 56 of the Actf1; or
the property seized is, or contains, something taken from premises under section 50 of the Act, or from a person under section 51 of the Act, in the circumstances listed in those sections and which cannot lawfully be retained on the conditions listed in the Act.
On an application for an order for the examination, retention, separation or return of property under section 59(5) of the 2001 Act, the application must—
specify the direction that the applicant wants the court to make, and explain why;
if applicable, specify each requirement of section 53(2) of the Act (examination and return of property) which is not being complied with; and
if applicable, explain why the retention of the property by the person who now has it would be justified on the grounds that, even if it were returned, it would immediately become appropriate for that person to get it back under—
a warrant for its seizure, or
[Note. Under section 59 of the Criminal Justice and Police Act 2001, a person with a ‘relevant interest’ (see rule 47.35(2)) in seized property can apply in the circumstances listed in the Act to a Crown Court judge for an order for its return. A person who has the property in consequence of its seizure can apply for an order authorising its retention. Either can apply for an order relating to the examination of the property.]
Annotations
Commencement
- I1
Rule 47.38 in force at 6.10.2025, see Preamble
Footnotes
- f1
2001 c. 16; section 55 was amended by sections 456 and 457 of, and paragraphs 1 and 40 of Schedule 11 and Schedule 12 to, the Proceeds of Crime Act 2002 (c. 29). Section 56 was amended by article 364 of S.I. 2001/3649, section 12 of, and paragraph 14 of Schedule 1 to, the Criminal Justice Act 2003 (c. 44) and article 2 of, and paragraph 189 of Schedule 1 to, S.I. 2009/1941.
- f2
1984 c. 60; paragraph 4 of Schedule 1 was amended by section 65 of, and paragraph 6 of Schedule 4 to, the Courts Act 2003 (c. 39).
- f3
1970 c. 9; section 20BA was inserted by section 149 of the Finance Act 2000 (c. 17).
- f4
2000 c. 11; paragraph 5 of Schedule 5 is amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39), with effect from a date to be appointed.
Notes on Part 47
Textual amendments
- F1
Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)