Rule 10 Application by justices' chief executive to discharge confiscation order

(1)

This rule applies where a justices' chief executive makes an application under section 24 or 25 of the Act for the discharge of a confiscation order.

(2)

The application must be in writing and give details of—

(a)

the confiscation order;

(b)

the amount outstanding under the order; and

(c)

the grounds for the application.

(3)

The application must be served on—

(a)

the defendant;

(b)

the prosecutor; and

(c)

any receiver appointed under section 50 of the Act.

(4)

The Crown Court may determine the application without a hearing unless a person listed in paragraph (3) indicates, within 7 days after the application was served on him, that he would like to make representations.

(5)

If the Crown Court makes an order discharging the confiscation order, the court must, at once, send a copy of the order to—

(a)

the justices' chief executive who applied for the order;

(b)

the defendant;

(c)

the prosecutor; and

(d)

any receiver appointed under section 50 of the Act.