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Rule 11 Application for variation of confiscation order made against an absconder

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

(1)

This rule applies where the defendant makes an application under section 29 of the Act for the variation of a confiscation order made against an absconder.

(2)

The application must be in writing and supported by a witness statement which must give details of—

(a)

the confiscation order made against an absconder under section 6 of the Act as applied by section 28 of the Act;

(b)

the circumstances in which the defendant ceased to be an absconder;

(c)

the defendant’s conviction of the offence or offences concerned; and

(d)

the reason why he believes the amount required to be paid under the confiscation order was too large.

(3)

The application and witness statement must be lodged with the Crown Court.

(4)

The application and witness statement must be served on the prosecutor or, if the Director is appointed as the enforcement authority under section 34 of the Act, the Director at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.