OpenLegislation

Rule 52 Statements, etc in connection with the making of confiscation orders under the 1996 Order

Northern Ireland

(1)

Where a defendant has been convicted of an offence to which the 1996 Order applies and the prosecutor or the defendant is required, or proposes, to give to the Court any statement or other document under Article 15 (provision of information by the prosecution) or Article 16 (provision of information by the defendant) he shall serve it within such time as the Court may direct on the chief clerk and at the same time serve a copy thereof on the opposite party.

(2)

Any statement given to the Court by the prosecutor or the defendant under Article 15 or 16 shall include the following particulars—

(a)

the name of the defendant and the Crown Court case number;

(b)

the name of the person by whom the statement is given and, if different, the name of the person by whom it is made;

(c)

the date on which the conviction for the offence occurred; and

(d)

the facts relied on in support of any allegation made or matter indicated.

(3)

Where in accordance with Article 15(3) the defendant is required to indicate the extent to which he accepts any allegation contained within a statement given by the prosecutor, he must indicate so in writing to the chief clerk, and at the same time serve a copy on the prosecutor.

(4)

Where the prosecutor intends to indicate the extent to which he accepts any allegation contained within a statement given by the defendant under Article 15 or 16, he must indicate so in writing to the chief clerk, and at the same time serve a copy on the defendant.

Notes on Part [PART VII

Footnotes

f1

Part VII substituted by S.R. 1996 No. 281 with effect from 25.08.96