Rule 76B Application for discharge or variation of a compliance order

Northern Ireland

(1)

Notice of an application under section 163A(5) 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 confiscation order and any variations thereto;

(c)

give details of the compliance order and any variations thereto;

(d)

specify any amount outstanding under the confiscation order; and

(e)

give full particulars of the matters relied upon in support of the application.

(2)

The applicant shall serve the notice on the receiver, if appointed, and—

(a)

the prosecutor;

(b)

the defendant; and

(c)

any other person affected by the order,

where be is not the applicant.

(3)

Any party served with a notice under paragraph (2) may, within seven days of receiving the notice, inform the chief clerk in writing that he wishes to make representations.

(4)

After the expiry of the period referred to in paragraph (3), 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.

(5)

Where the Court makes an order discharging or varying a compliance order, a copy of the order shall be served by the chief clerk on all those who were served with a copy of the application under paragraph (2).

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