# The Rules of the Supreme Court (Amendment) 1995, Article 18


After rule 2 there shall be inserted the following new rules—
“Title of proceedings
2A An originating process under this Part of this Order shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.
Application for confiscation order
2B (1) An application by the prosecutor for a confiscation order under section 19 shall be made by summons, where there have been proceedings against the defendant in the High Court, and shall otherwise be made by originating motion.
(2) The application shall be supported by an affidavit giving full particulars of the following matters—
(a) the grounds for believing that the defendant has died or absconded;
(b) the date or approximate date on which the defendant died or absconded;
(c) where the application is made under section 19(2), the offence or offences of which the defendant was convicted, and the date and place of conviction;
(d) where the application is made under section 19(4), the proceedings which have been initiated against the defendant (including particulars of the offence and the date and place of institution of those proceedings); and
(e) where the defendant is alleged to have absconded, the steps taken to contact him.
(3) The prosecutor’s statement under section 11 shall be exhibited to the affidavit and shall include the following particulars—
(a) the name of the defendant;
(b) the name of the person by whom the statement is given;
(c) such information known to the prosecutor as is relevant to the determination whether the defendant has benefited from drug trafficking and to the assessment of the value of his proceeds of drug trafficking.
(4) Unless the Court otherwise orders, an affidavit under paragraph (2) may contain statements of information and belief, with their sources and grounds.
(5) The application and the affidavit in support shall be served not less than 7 days before the date fixed for the hearing of the application on—
(a) the defendant (or on the personal representatives of a deceased defendant);
(b) any person who the prosecutor reasonably believes is likely to be affected by the making of a confiscation order; and
(c) the receiver, where one has been appointed in the matter.”.

---
Source: https://www.legislation.gov.uk/uksi/1995/2206/article/18 (the official version)
Page: https://openlegislation.uk/rules-of-the-supreme-court-amendment-1995/article-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.