Rule 53 Application for increase in term of imprisonment in default of payment

Northern Ireland

(1)

The following provisions of this rule shall have effect for the purposes of applications under Article 14(2).

(2)

Notice of application under Article 14(2) to increase the term of imprisonment or detention fixed in default of payment of the confiscation order by a person (“the defendant”) shall be made by the prosecutor in writing to the chief clerk at the place where the confiscation order was made.

(3)

The notice under paragraph (2) shall—

(a)

state the name and address of the defendant;

(b)

specify the grounds of the application;

(c)

give details of any enforcement measures taken; and

(d)

include a copy of the confiscation order.

(4)

On receiving a notice under paragraph (2) the chief clerk shall—

(a)

forthwith send to the defendant a copy of the said notice; and

(b)

notify in writing the applicant and the defendant of the date, time and place appointed for hearing of the application.

(5)

Where the Court makes an order pursuant to an application under Article 14(2), the chief clerk shall forthwith send a copy of the order—

(a)

to the applicant;

(b)

to the defendant;

(c)

where the defendant is in custody at the time of the making of the order, to the person having custody of him.

Notes on Part [PART VII

Footnotes

f1: Part VII substituted by S.R. 1996 No. 281 with effect from 25.08.96