Rule 76A [ Application for compliance order

Northern Ireland

(1)

Notice of an application under section 163A(3)(b) shall be made to the chief clerk in writing and shall—

(a)

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

(b)

give details of the relevant confiscation order, including any variations thereto;

(c)

specify the amount outstanding under the confiscation order;

(d)

give full particulars of the matters relied upon in support of the application; and

(e)

state the date and place of the hearing.

(2)

Subject to paragraph (3), the prosecutor shall, not less than seven days before the date fixed for hearing, serve a copy of the notice on—

(a)

the defendant;

(b)

any other person of whom the prosecutor is aware who would be a person affected by the order; and

(c)

the receiver, if appointed.

(3)

An application under paragraph (1) may be made ex parte if—

(a)

it is urgent; or

(b)

there are reasonable grounds to believe that the giving of notice would cause a reasonable apprehension of dissipation of the realisable property which is the subject of the relevant confiscation order.

(4)

Where the Court makes a compliance order, the chief clerk shall forthwith serve a copy of the order on—

(a)

the defendant;

(b)

any person affected by the order of whom the prosecutor is aware; and

(c)

if appointed, the receiver.

Annotations

Footnotes

f1: Rules 76A and 76B inserted by S.R. 2015 No. 241

Notes on Part [PART XI

Footnotes

f1: Part XI inserted by S.R. 2003 No. 71 with effect from 24.03.03
f2: Inserted by S.R. 2003 No. 279 with effect from 30.06.03