Article 5

For Rule 35 of the 1982 Rules there shall be substituted the following rule—

“35

(1)

Where the prosecutor makes an application under section 13, 14 or 15 of the Drug Trafficking Act 1994 or under section 74A, 74B or 74C of the Criminal Justice Act 1988, 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 any relevant conviction occurred;

(c)

the date on which and the place where any relevant confiscation order was made or, as the case may be, varied;

(d)

the grounds on which the application is made;

(e)

an indication of the evidence available to support the application.”.