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Rule 88 Application for increase in term of imprisonment

Northern Ireland

(1)

Notice of an application under section 188(5) to increase the term of imprisonment or detention fixed in default of payment of a confiscation order shall be made to the chief clerk in writing.

(2)

The notice under paragraph (1) shall—

(a)

state the name and address of the defendant;

(b)

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

(c)

give details of any enforcement measures taken; and

(d)

include a copy of the confiscation order.

(3)

On receiving a notice under paragraph (1) the chief clerk shall—

(a)

forthwith send a copy of said notice to the defendant; and

(b)

notify the parties of the date and place appointed for the hearing of the application.

(4)

Where the Court makes an order pursuant to an application under section 188(5), the chief clerk shall forthwith send a copy of the order to the parties and where the defendant is in custody at the time of making of the order, the person having custody of him.

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