{
  "url": "https://openlegislation.uk/crown-court-confiscation-restraint-and-receivership-rules-2003/rule-12",
  "json_url": "https://openlegislation.uk/crown-court-confiscation-restraint-and-receivership-rules-2003/rule-12.json",
  "legislation": "uksi/2003/421",
  "legislation_title": "The Crown Court (Confiscation, Restraint and Receivership) Rules 2003",
  "legislation_url": "https://openlegislation.uk/crown-court-confiscation-restraint-and-receivership-rules-2003",
  "path": "rule/12",
  "kind": "rule",
  "number": "12",
  "heading": "Application for discharge of confiscation order made against an absconder",
  "text": "(1) This rule applies if the defendant makes an application under section 30 of the Act for the discharge of a confiscation order.\n(2) The application must be in writing and supported by a witness statement which must give details of—\n(a) the confiscation order made under section 28 of the Act;\n(b) the date on which the defendant ceased to be an absconder;\n(c) the acquittal of the defendant if he has been acquitted of the offence concerned; and\n(d) if the defendant has not been acquitted of the offence concerned—\n(i) the date on which the defendant ceased to be an absconder;\n(ii) the date on which the proceedings taken against the defendant were instituted and a summary of steps taken in the proceedings since then; and\n(iii) any indication given by the prosecutor that he does not intend to proceed against the defendant.\n(3) The application and witness statement must be lodged with the Crown Court.\n(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.\n(5) If the Crown Court orders the discharge of the confiscation order, the court must serve notice on the magistrates' court responsible for enforcing the order if the Director has not been appointed as the enforcement authority under section 34 of the Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/2005/384",
      "affecting_title": "The Criminal Procedure Rules 2005 (revoked)"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/421/rule/12",
    "retrieved_at": "2026-10-29T06:31:26.245991+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}