Rule 13 Application for increase in term of imprisonment in default

(1)

This rule applies where the prosecutor or the Director makes an application under section 39(5) of the Act to increase the term of imprisonment in default of payment of a confiscation order.

(2)

The application must be made in writing and give details of—

(a)

the name and address of the defendant;

(b)

the confiscation order;

(c)

the grounds for the application; and

(d)

the enforcement measures taken, if any.

(3)

On receipt of the application, the court must—

(a)

at once, send to the defendant and, if the Director has not been appointed as the enforcement authority under section 34 of the Act, the magistrates' court responsible for enforcing the order, a copy of the application; and

(b)

fix a time, date and place for the hearing and notify the applicant and the defendant of that time, date and place.

(4)

If the Crown Court makes an order increasing the term of imprisonment in default, the court must, at once, send a copy of the order to—

(a)

the applicant;

(b)

the defendant;

(c)

where the defendant is in custody at the time of the making of the order, the person having custody of the defendant; and

(d)

if the Director has not been appointed as the enforcement authority under section 34 of the Act, the magistrates' court responsible for enforcing the order.