Rule 84 Discharge

Northern Ireland

(1)

Notice of an application made under section [^f1 174, 175 or 175A] shall be made in writing and shall—

(a)

give details of the confiscation order;

(b)

specify the amount outstanding under the confiscation order; and

(c)

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

(2)

The applicant shall serve the notice on—

(a)

the chief clerk, where he is not the applicant;

(b)

the defendant; [^f2 or where the application is made under section 175A, his personal representative;]

(c)

the prosecutor, where he is not the applicant; and

(d)

the receiver, where one has been appointed.

(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 the confiscation order, the chief clerk shall forthwith serve a copy of the order on the defendant, [(c) or where appropriate, his personal representative], the prosecutor and if appointed, the receiver.

Annotations

Footnotes

f1: Words substituted by S.R. 2015 No. 241 with effect from 01.06.15
f2: Words added by S.R. 2015 No. 241 with effect from 01.06.15

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