Rule 82 Reconsideration of available amount

Northern Ireland

(1)

Notice of an application under section 172 shall be made in writing to the chief clerk.

(2)

The notice under paragraph (1) shall—

(a)

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

(b)

give the date on which any relevant conviction occurred;

(c)

give the date on which any relevant confiscation order was made, or as the case may be, varied;

(d)

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

(3)

The chief clerk shall, not less than seven days before the date fixed for the hearing, send a copy of the notice received under paragraph (1) together with notification of the date and place of the hearing to—

(a)

the defendant;

(b)

where the applicant is the prosecutor [^f1...], the receiver if appointed;

(c)

where the receiver is the applicant—

(i)

the prosecutor; or

[...]

and shall notify the applicant of the date and place of the hearing.

(4)

Where the Court makes an order pursuant to an application under section 172, the chief clerk shall forthwith send a copy of the order to every person to whom the notice was sent under paragraph (3).

Annotations

Footnotes

f1: Words omitted by S.I. 2008 No. 574 with effect from 01.04.08

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