Article 3

After rule 33 of the 1982 Rules there shall be inserted the following rules:

“Postponed determinations

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(1)

Where an application to the Crown Court is made by the defendant or the prosecutor under section 3(5)(a) of the Drug Trafficking Act 1994 asking the Court to exercise its powers under section 3(4) of that Act, or under section 72A(5)(a) of the Criminal Justice Act 1988^f1 asking the court to exercise its powers under section 72A(4) of that Act, such an application must be made in writing and a copy thereof must be served on the prosecutor or the defendant, as the case may be.

(2)

A party which is served with a copy of an application under paragraph (1) shall, within 28 days of the date of service, notify the applicant and the appropriate officer of the Crown Court, in writing, whether or not it proposes to oppose the application, giving its reasons for any such opposition.

(3)

After the expiry of the period referred to in paragraph (2), the Crown Court shall determine whether an application under paragraph (1) is to be dealt with—

(a)

without a hearing, or

(b)

at a hearing at which the parties may be represented.

Drug trafficking — revised assessments

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(1)

Where the prosecutor makes an application under section 13, 14 or 15 of the Drug Trafficking Act 1994, such an application must be in writing and a copy thereof must be served on the defendant.

(2)

The application must include the following particulars, namely—

(a)

the name of the defendant;

(b)

the date on which and the place where the relevant conviction occurred;

(c)

the date on which and the place where any relevant confiscation order was made;

(d)

the grounds on which the application is made;

(e)

an indication of the evidence available to support the application.

Drug trafficking — compensation

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Where a Crown Court cancels a confiscation order under section 22(2) of the Drug Trafficking Act 1994, the appropriate officer of the Crown Court shall serve notice to that effect on the High Court and on the magistrates' court which has responsibility for enforcing the order.”.