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Rule 47.59 When this Section appliesI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This Section applies where the Crown Court can extend a moratorium period under section 336A of the Proceeds of Crime Act 2002f1.

(2)

In this Section, ‘respondent’ means, as well as a person within the meaning of rule 47.2(c), an ‘interested person’ within the meaning of section 336D of the 2002 Actf2.

[Note. Under section 336A of the Proceeds of Crime Act 2002, the Crown Court may extend a moratorium period under section 335 or section 336 of the Actf3 by up to 31 days beginning with the day after the day on which the period otherwise would end.

Under sections 335 and 336 of the 2002 Act, a moratorium period is the period of 31 days starting with the day on which consent to the doing of an act is refused by a constable, a customs officer or the Director General of the National Crime Agency. The act to which those sections refer is one that would be an offence under section 327, 328 or 329 of the 2002 Act (money laundering offences) but for the making of a disclosure within the meaning of section 338 to such an officer in relation to that act. On the expiry of the moratorium period the person who made the disclosure will be treated as having the relevant officer’s consent to the doing of the act and so will commit no offence by doing it.

The Crown Court may extend a moratorium period more than once, but the total period of extension may not exceed 186 days beginning with the day after the day on which the first 31 day period ended.

Under section 336D(3) of the 2002 Act, ‘interested person’ means the person who made the disclosure and any other person who appears to the person making an application under rule 47.61 to have an interest in the property that is the subject of that disclosure.]

Annotations

Commencement

I1

Rule 47.59 in force at 6.10.2025, see Preamble

Footnotes

f1

2002 c. 29; section 336A was inserted by section 10 of the Criminal Finances Act 2017 (c. 22).

f2

2002 c. 29; section 336D was inserted by section 10 of the Criminal Finances Act 2017 (c. 22).

f3

2002 c. 29; section 335 was amended by section 10 of the Criminal Finances Act 2017 (c. 22). Section 336 was amended by paragraphs 168 and 173 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraphs 108 and 133 of Schedule 8 to the Crime and Courts Act 2013 (c .22) and section 10 of the Criminal Finances Act 2017 (c. 22).

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)