OpenLegislation

Rule 54A Postponement of confiscation orders

Northern Ireland

(1)

Notice of application by the defendant or prosecutor under Article 11(5) asking the Court to exercise its powers under Article 11(1) or (4), shall be made in writing to the chief clerk of the Court at the place where the defendant was convicted.

(2)

On receiving a notice under paragraph (1), the chief clerk shall forthwith send a copy of the notice to the opposite party who shall within 28 days notify the applicant and the chief clerk, in writing, whether or not he proposes to oppose the application, giving the reason for any such opposition.

(3)

After the expiry of the period referred to in paragraph (2), the Court shall determine whether an application under paragraph (1) is to be dealt with—

(a)

without a hearing, or

(b)

at a hearing at which the parties may be represented, and the chief clerk, shall inform the parties accordingly.

(4)

Where the Court makes an order pursuant to an application under Article 11 (5), the chief clerk shall forthwith send a copy of the order to the applicant and to the other party.

Notes on Part [PART VII

Footnotes

f1

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