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Rule 8 Application for reconsideration of available amount

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

(1)

This rule applies where the prosecutor, the Director or a receiver makes an application under section 22 of the Act for a new calculation of the available amount.

(2)

The application must be in writing and may be supported by a witness statement.

(3)

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

(4)

The application and any witness statement must be served on—

(a)

the defendant;

(b)

the receiver, if the prosecutor or the Director is making the application and a receiver has been appointed under section 50 or 52 of the Act; and

(c)

if the receiver is making the application—

(i)

the prosecutor; or

(ii)

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.