30.5 Application to reduce a fine, vary payment terms or remit a courts charge
(1) This rule applies where—
(a) the defendant wants the court to remit the whole or any part of a fine;
(b) no collection order is in force and the defendant wants the court to vary payment terms; or
(c) the defendant, a fines officer or an enforcement agent wants the court to remit a criminal courts charge.
(2) Unless the court otherwise directs, such a defendant, fines officer or enforcement agent must—
(a) apply in writing;
(b) serve the application on the court officer;
(c) if the application is to remit a fine or vary payment terms, explain—
(i) what relevant circumstances have not yet been considered by the court, and
(ii) why the fine should be remitted, or the payment terms varied; and
(d) if the application is to remit a criminal courts charge, explain—
(i) how the circumstances meet the time limits and other conditions in section 50 of the Sentencing Act 2020, and
(ii) why the charge should be remitted.
(3) The court may determine an application—
(a) at a hearing, which may be in public or in private; or
(b) without a hearing.
[Note. See sections 75, 85 and 85A of the Magistrates’ Courts Act 1980 and sections 50 and 127 of the Sentencing Act 2020.
Under section 46 of the 2020 Act, a court must, at the times listed in sections 44 and 45 of that Act, order a defendant convicted of an offence to pay a charge in respect of relevant court costs. Under section 50 of the Act, a magistrates’ court may remit the whole or part of such a charge, but—
(a) the court may do so only if it is satisfied that—
(i) the defendant has taken all reasonable steps to pay the charge, having regard to his or her personal circumstances, or
(ii) collection and enforcement of the charge is impracticable;
(b) the court may not do so at a time when the defendant is in prison; and
(c) the court may not do so unless the periods specified by regulations under section 21E all have expired.]
(1) This rule applies where—
(a) a chief officer of police serves on the magistrates’ court officer a certificate registering, for enforcement as a fine, a sum payable by a defendant after failure to comply with a penalty notice; and
(b) the court or a fines officer enforces the fine.
(2) A defendant who claims not to be the person to whom the penalty notice was issued must, unless the court otherwise directs—
(a) make that claim in writing; and
(b) serve it on the court officer.
(3) The court officer must—
(a) notify the chief officer of police by whom the certificate was registered; and
(b) refer the case to the court.
(4) Where such a claim is made—
(a) the general rule is that the court must adjourn the enforcement for 28 days and fix a hearing; but
(b) the court may make a different order.
(5) At any such hearing, the chief officer of police must introduce any evidence to contradict the defendant’s claim.
[Note. See section 10 of the Criminal Justice and Police Act 2001.
For the circumstances in which a sum may be registered for enforcement as a fine after failure to comply with a penalty notice, see sections 8 and 9 of the 2001 Act.]
30.7 Information to be included in a warrant of control
(1) A warrant must identify—
(a) each person to whom it is directed;
(b) the defendant against whom it was issued;
(c) the sum for which it was issued and the reason that sum is owed;
(d) the court or fines officer who issued it, unless that is otherwise recorded by the court officer; and
(e) the court office for the court or fines officer who issued it.
(2) A person to whom a warrant is directed must record on it the date and time at which it is received.
(3) A warrant that contains an error is not invalid, as long as—
(a) it was issued in respect of a lawful decision by the court or fines officer; and
(b) it contains enough information to identify that decision.
[Note. See sections 78 and 125ZA of the Magistrates’ Courts Act 1980.]
30.8 Warrant of control: application by enforcement agent for extension of time, etc.
(1) This rule applies where an enforcement agent wants the court to exercise a power under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or under regulations made under that Schedule, to—
(a) shorten or extend a time limit;
(b) give the agent authority to—
(i) enter premises which the agent would not otherwise have authority to enter,
(ii) enter or remain on premises at a time at which the agent would not otherwise have authority to be there,
(iii) use reasonable force, in circumstances in which the agent would not otherwise have authority to use such force,
(iv) sell goods by a method which the agent would not otherwise have authority to use, or
(v) recover disbursements which the agent would not otherwise have authority to recover; or
(c) specify the manner in which goods which have not been sold must be disposed of.
(2) Such an enforcement agent must—
(a) apply in writing;
(b) serve the application on the court officer; and
(c) pay any fee prescribed.
(3) The application must—
(a) identify the power that the agent wants the court to exercise;
(b) explain how the conditions for the exercise of that power are satisfied, including any condition that requires the agent to give another person notice of the application;
(c) specify those persons, if any, to whom the agent has given notice in accordance with such a condition; and
(d) propose the terms of the order that the agent wants the court to make .
(4) A person to whom the enforcement agent has given notice of an application and who wants to make representations to the court must—
(a) serve the representations on—
(i) the court officer,
(ii) the enforcement agent, and
(iii) any other person to whom the enforcement agent gave notice;
(b) do so as soon as reasonably practicable and in any event within such period as the court directs; and
(c) in the representations, propose the terms of the order that that person wants the court to make, and explain why.
(5) The court—
(a) must not determine an application unless any person to whom the enforcement agent gave notice—
(i) is present, or
(ii) has had a reasonable opportunity to respond; but
(b) subject to that, may determine an application—
(i) at a hearing, which must be in private unless the court otherwise directs, or
(ii) without a hearing.
[Note. See paragraphs 8, 15, 20, 21, 25, 31, 32 and 41 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, regulations 6, 9, 13, 22, 25, 28, 29, 41 and 47 of the Taking Control of Goods Regulations 2013 and regulation 10 of the Taking Control of Goods (Fees) Regulations 2014. Under paragraph 41 of that Schedule and regulation 41 of the 2013 Regulations, on an application for authority to sell goods otherwise than by public auction the enforcement agent must give notice to a creditor of the defendant in the circumstances described in those provisions.]
30.9 Warrant of control: application to resolve dispute
(1) This rule applies where a defendant’s goods are sold using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and there is a dispute about—
(a) what share of the proceeds of those goods should be paid by the enforcement agent to a co-owner; or
(b) the fees or disbursements sought or recovered by the enforcement agent out of the proceeds.
(2) An enforcement agent, a defendant or a co-owner who wants the court to resolve the dispute must—
(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;
(b) serve the application on—
(i) the court officer,
(ii) each other party to the dispute, and
(iii) any other co-owner; and
(c) pay any fee prescribed.
(3) The application must—
(a) identify the warrant of control;
(b) specify the goods sold, the proceeds, and the fees and disbursements sought or recovered by the enforcement agent;
(c) identify the power that the applicant wants the court to exercise;
(d) specify the persons served with the application;
(e) explain the circumstances of the dispute; and
(f) propose the terms of the order that the applicant wants the court to make.
(4) A person served with an application who wants to make representations to the court must—
(a) serve the representations on—
(i) the court officer,
(ii) the applicant, and
(iii) any other person on whom the application was served;
(b) do so as soon as reasonably practicable and in any event within such period as the court directs; and
(c) in the representations, propose the terms of the order that that person wants the court to make, and explain why.
(5) The court—
(a) must determine an application at a hearing, which must be in private unless the court otherwise directs; but
(b) must not determine an application unless each party—
(i) is present, or
(ii) has had a reasonable opportunity to attend.
[Note. See paragraph 50 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, and regulations 15 and 16 of the Taking Control of Goods (Fees) Regulations 2014.]
(1) This Part applies where a magistrates’ court or the Crown Court can—
(a) make, vary, renew, discharge or revoke a behaviour order; or
(b) impose a bind over.
(2) In this Part—
(a) ‘behaviour order’ means an order—
(i) that prohibits a defendant from doing something described in the order, or requires a defendant to do something described in the order, or both,
(ii) made under a power conferred on the court by an Act of Parliament,
(iii) made to achieve a purpose specified by that Act, and
(iv) made as well as, or instead of, passing a sentence, or in any other circumstances specified by that Act; and
(b) ‘bind over’ means an order that requires a person to enter into a recognisance—
(i) to keep the peace and be of good behaviour, or
(ii) (in the Crown Court only) to come up for judgment if called on.
(3) A reference to ‘hearsay evidence’ in this Part is a reference to evidence consisting of hearsay within the meaning of section 1(2) of the Civil Evidence Act 1995.
[Note. In the circumstances set out in the Acts listed beneath, the court can make a behaviour order—
(a) on conviction, under—
(i) sections 14A and 14G of the Football Spectators Act 1989 (football banning order with additional requirements);
(ii) section 19 of the Serious Crime Act 2007 (serious crime prevention order),
(iii) section 14 of the Modern Slavery Act 2015 (slavery and trafficking prevention order),
(iv) section 19 of the Psychoactive Substances Act 2016 (prohibition order),
(v) section 20 of the Immigration Act 2016 (labour market enforcement order),
(vi) section 19 of the Offensive Weapons Act 2019 (knife crime prevention order),
(vii) section 331 of the Sentencing Act 2020 (criminal behaviour order),
(viii) section 342A of the 2020 Act (serious violence reduction order),
(ix) section 345 of the 2020 Act (sexual harm prevention order),
(x) section 358A of the 2020 Act(child criminal exploitation prevention order),
(xi) section 360 of the 2020 Act (restraining order),
(xii) section 364B of the 2020 Act(stalking protection order),
(xiii) section 366 of the 2020 Act (parenting order),
(xiv) section 376 of the 2020 Act (binding over of parent or guardian of convicted young defendant to take proper care of the defendant and exercise proper control),
(xv) section 31(3) of the Domestic Abuse Act 2021 (domestic abuse protection order),
(xvi) section 20 of the Public Order Act 2023 (serious disruption prevention order);
(b) otherwise, under—
(i) section 5A of the Protection from Harassment Act 1997 (restraining order on acquittal, where the Crown Court allows an appeal against conviction or where the Court of Appeal remits a case to the Crown Court),
(ii) paragraph 3 of Schedule 2 to the Female Genital Mutilation Act 2003 (female genital mutilation protection order made in criminal proceedings for a genital mutilation offence),
(iii) section 19A of the Serious Crime Act 2007(serious crime prevention order on acquittal or where the Crown Court allows an appeal against conviction),
(iv) section 14 of the Modern Slavery Act 2015 (slavery and trafficking prevention order on finding of not guilty by reason of insanity or on finding of disability),
(v) section 2A of the Stalking Protection Act 2019(stalking protection order on acquittal, on finding of not guilty by reason of insanity or on finding of disability, or where a court allows an appeal against conviction),
(vi) section 31(5) or (6) of the Domestic Abuse Act 2021 (domestic abuse protection order on acquittal or where the Crown Court allows an appeal against conviction).
(vii) section 50 of the Crime and Policing Act 2026(child criminal exploitation prevention order on acquittal, on finding of not guilty by reason of insanity or on finding of disability, or where the Crown Court allows an appeal against conviction).
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Under section 1 of the Justices of the Peace Act 1361, section 1(7) of the Justices of the Peace Act 1968 and the inherent powers recognised by those provisions a magistrates’ court or the Crown Court can bind over to keep the peace and be of good behaviour a person who or whose case is before the court, by requiring that person to enter into a recognisance (a formal undertaking to pay a specified sum in the event of failure to comply), or to give a surety, or both.
Under section 79 of the Senior Courts Act 1981 the Crown Court can release a convicted defendant pending sentence on a recognisance to come up for judgment if called on and meanwhile to be of good behaviour.
Section 1(2) of the Civil Evidence Act 1995 defines hearsay as meaning “a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated”. Section 13 of that Act defines a statement as meaning “any representation of fact or opinion, however made”.]
31.2 Behaviour orders and bind overs: general rules
(1) The court must not make a behaviour order or impose a bind over unless the person to whom it is directed has had an opportunity—
(a) to consider—
(i) what order is proposed and why, and
(ii) the evidence in support; and
(b) to make representations at a hearing (whether or not that person in fact attends).
(2) That restriction does not apply to making—
(a) an interim behaviour order, but unless other legislation otherwise provides such an order has no effect unless the person to whom it is directed—
(i) is present when it is made; or
(ii) is handed a document recording the order not more than 5 business days after it is made; or
(b) a domestic abuse protection order, but in that event the court must give the defendant an opportunity to make representations—
(i) as soon as is just and convenient, and
(ii) at a hearing of which notice has been given to all parties.
(3) Where the court decides not to make, where it could—
(a) a football banning order; or
(b) a parenting order, after a person under 16 is convicted of an offence,
the court must announce, at a hearing in public, the reasons for its decision.
[Note. The Acts listed in the note to rule 31.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order. See section 34 of the Domestic Abuse Act 2021 about making a domestic abuse protection order without notice.
Reasons for a decision to make no order are required by section 14A(3) of the Football Spectators Act 1989 (football banning order) and section 366(3) of the Sentencing Act 2020(parenting order).
31.3 Application for behaviour order and notice of terms of proposed order: special rules
(1) This rule applies where—
(a) a prosecutor applies to the court to make one of the following orders ...—
(i) a serious crime prevention order,
(ii) a knife crime prevention order,
(iii) a criminal behaviour order,
(iv) a serious violence reduction order, or
(v) a serious disruption prevention order;
(b) on the prosecutor’s initiative, or at the court’s request, a prosecutor proposes that the court make one of the following orders if the defendant is convicted—
(i) a football banning order with additional requirements,
(ii) a prohibition order,
(iii) a labour market enforcement order,
(iv) a sexual harm prevention order, or
(v) a parenting order;
(c) on the prosecutor’s initiative, or at the court’s request, a prosecutor proposes that the court make one of the following orders whether the defendant is convicted or not—
(i) a restraining order,
(ii) a female genital mutilation protection order,
(iii) a slavery and trafficking prevention order, ...
(iv) a domestic abuse protection order.
(v) a stalking protection order, or
(vi) a child criminal exploitation prevention order.
(2) Where paragraph (1)(a) applies (order on application), the prosecutor must serve a notice of intention to apply for such an order on—
(a) the court officer;
(b) the defendant against whom the prosecutor wants the court to make the order; and
(c) any person on whom the order would be likely to have a significant adverse effect,
as soon as practicable (without waiting for the verdict).
(3) A notice under paragraph (2) must—
(a) summarise the relevant facts;
(b) identify the evidence on which the prosecutor relies in support;
(c) attach any written statement that the prosecutor has not already served; and
(d) specify the order that the prosecutor wants the court to make.
(4) A defendant served with a notice under paragraph (2) must—
(a) serve notice of any evidence on which the defendant relies on—
(i) the court officer, and
(ii) the prosecutor,
as soon as practicable (without waiting for the verdict); and
(b) in the notice, identify that evidence and attach any written statement that has not already been served.
(5) Where paragraph (1)(b) or (c) applies (order proposed), the prosecutor must—
(a) serve a draft order on the court officer and on the defendant as soon as practicable and in any event before the hearing at which the order may be made; and
(b) in the draft order specify those prohibitions, requirements or both which the prosecutor proposes to satisfy the statutory provisions that allow the court to make the order.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Note. The orders listed in rule 31.3(1)(a) may be made on application by the prosecutor. The orders to which rule 31.3(1)(b) and (c) apply require no application and may be made on the court’s own initiative. Under section 8 of the Serious Crime Act 2007 a serious crime prevention order may be made only on an application by the Director of Public Prosecutions or the Director of the Serious Fraud Office. See also paragraphs 2, 7 and 13 of Schedule 2 to the 2007 Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If a party relies on hearsay evidence, see also rules 31.6, 31.7, and 31.8.]
(1) A party who wants the court to take account of evidence not already introduced must—
(a) as soon as practicable, serve notice on—
(i) the court officer, and
(ii) every other party;
(b) in the notice, identify that evidence; and
(c) attach any written statement containing such evidence.
(2) Paragraph (3) applies where the court can make—
(a) a criminal behaviour order;
(b) a prohibition order; ...
(c) a domestic abuse protection order ; or
(d) a child criminal exploitation prevention order.
(3) A party who wants the court to give a special measures direction for a witness under Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 must, as soon as practicable—
(a) serve notice that the witness is eligible for assistance under section 16 or section 17 of the 1999 Act on—
(i) the court officer, and
(ii) every other party; and
(b) provide any information, including the witness’ own views, that the court may need to decide—
(i) whether any of the special measures available in relation to the witness (or any combination of them) would be likely to improve the quality of evidence given by the witness, and
(ii) if so, which of those measures (or combination of them) would be likely to maximise so far as practicable the quality of that evidence.
[Note. If a party relies on hearsay evidence, see also rules 31.6, 31.7, and 31.8.
The court can give a special measures direction under the Youth Justice and Criminal Evidence Act 1999—
(a) on an application for a criminal behaviour order, under section 340 of the Sentencing Act 2020; and
(b) in proceedings for—
(i) a prohibition order, under section 33 of the Psychoactive Substances Act 2016, ...
(ii) a domestic abuse protection order, under section 49 of the Domestic Abuse Act 2021 , or]
(iii) a child criminal exploitation prevention order, under section 358I of the 2020 Actor under section 61 of the Crime and Policing Act 2026.
31.5 Application to vary, renew, discharge or revoke behaviour order
(1) The court may vary, renew, discharge or revoke a behaviour order if—
(a) the legislation under which it is made allows the court to do so; and
(b) one of the following applies—
(i) the prosecutor,
(ii) the person to whom the order is directed,
(iii) any other person protected or affected by the order,
(iv) the relevant authority or responsible officer,
(v) the relevant Chief Officer of Police,
(vi) the Director of Public Prosecutions, or
(vii) the Director of the Serious Fraud Office.
(2) A person applying under this rule must—
(a) apply as soon as practicable after becoming aware of the grounds for doing so, explaining—
(i) why the order should be varied, renewed, discharged or revoked, as the case may be, by reference to the legislation under which it was made, and
(ii) what, if any, material circumstances have changed, since the court made the order or last determined an application to vary, renew, discharge or revoke it;
(b) where the application is a second or subsequent application by the applicant in respect of the same order—
(i) give details of each previous application, and
(ii) if the applicant wants the court to decide the application at a hearing, explain why;
(c) in every case, serve the application on—
(i) the court officer, and
(ii) the prosecutor (unless the prosecutor is the person applying under this rule);
(d) unless the order was a restraining order , a stalking protection order or a domestic abuse protection order, serve the application on, as appropriate—
(i) the person to whom the order was directed, and
(ii) any other person protected or affected by the order; and
(e) serve the application on any other person if the court so directs.
(3) A party who wants the court to take account of any particular evidence before making its decision must, as soon as practicable—
(a) in every case, serve notice on—
(i) the court officer, and
(ii) the prosecutor (unless the prosecutor is the party serving the notice);
(b) unless the order was a restraining order , a stalking protection order or a domestic abuse protection order, serve the notice on, as appropriate—
(i) the person to whom the order was directed, and
(ii) any other person protected or affected by the order;
(c) serve the notice on any other person if the court so directs; and
(d) in that notice identify the evidence and attach any written statement that has not already been served.
(4) The court may decide an application under this rule—
(a) at a hearing, in public or in private; or
(b) without a hearing, if—
(i) the legislation under which the order was made so allows, or
(ii) the court considers the application to be an abuse of the court’s process.
(5) But the court must not—
(a) dismiss an application under this rule unless the applicant has had an opportunity to make representations; or
(b) allow an application under this rule unless everyone required to be served, by this rule or by the court, has had at least 10 business days in which to make representations, including representations about whether there should be a hearing.
(6) The court officer must—
(a) if the order was a restraining order , a stalking protection order or a domestic abuse protection order, serve the application under this rule on—
(i) as appropriate, the person to whom the order was directed and any other person protected or affected by the order, and
(ii) the relevant Chief Officer of Police;
(b) serve the application on any other person if the court so directs;
(c) serve any notice of evidence received by the court officer under paragraph (3) on—
(i) each person, if any, on whom the court officer serves the application under this rule, and
(ii) any other person if the court so directs; and
(d) give notice of any hearing to—
(i) the applicant, and
(ii) any person required to be served, by this rule or by the court.
[Note. The legislation that gives the court power to make a behaviour order may limit the circumstances in which it may be varied, renewed, discharged or revoked and may require a hearing. Under section 22E of the Serious Crime Act 2007, where a person already subject to a serious crime prevention order is charged with a serious offence or with an offence of failing to comply with the order, the court may vary the order so that it continues in effect until that prosecution concludes.
Under section 26 of the Offensive Weapons Act 2019, where the court has made a knife crime prevention order the court may require the applicant and the defendant to attend one or more review hearings to consider whether the order should be varied or discharged. Where a requirement or prohibition imposed by the knife crime prevention order is to have effect after the end of one year from the date the order is made, the court must convene such a review on a specified date within the last 4 weeks of that year.
If a party relies on hearsay evidence, see also rules 31.6, 31.7 and 31.8.]
(1) A party who wants to introduce hearsay evidence must—
(a) serve notice on—
(i) the court officer, and
(ii) every other party directly affected; and
(b) in that notice—
(i) explain that it is a notice of hearsay evidence,
(ii) identify that evidence,
(iii) identify the person who made the statement which is hearsay, or explain why if that person is not identified, and
(iv) explain why that person will not be called to give oral evidence.
(2) A party may serve one notice under this rule in respect of more than one statement and more than one witness.
For requirements to serve a notice of evidence, see rules 31.3, 31.4 and 31.5. See also the requirement in section 2 of the Civil Evidence Act 1995 for reasonable and practicable notice of a proposal to introduce hearsay evidence.
Rules 31.6, 31.7 and 31.8 broadly correspond with rules 3, 4 and 5 of the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999, which apply in civil proceedings in magistrates’ courts. Rule 3 of the 1999 Rules however includes a time limit, which may be varied by the court, or a justices’ legal adviser, of 21 days before the date fixed for the hearing, for service of a hearsay notice.]
31.7 Cross-examination of maker of hearsay statement
(1) This rule applies where a party wants the court’s permission to cross-examine a person who made a statement which another party wants to introduce as hearsay.
(2) The party who wants to cross-examine that person must—
(a) apply in writing, with reasons, not more than 5 business days after service of the notice of hearsay evidence; and
(b) serve the application on—
(i) the court officer,
(ii) the party who served the hearsay evidence notice, and
(iii) every party on whom the hearsay evidence notice was served.
(3) The court may decide an application under this rule with or without a hearing.
(4) But the court must not—
(a) dismiss an application under this rule unless the applicant has had an opportunity to make representations at a hearing (whether or not the applicant in fact attends); or
(b) allow an application under this rule unless everyone served with the application has had at least 5 business days in which to make representations, including representations about whether there should be a hearing.
[Note. See also section 3 of the Civil Evidence Act 1995.]
31.8 Credibility and consistency of maker of hearsay statement
(1) This rule applies where a party wants to challenge the credibility or consistency of a person who made a statement which another party wants to introduce as hearsay.
(2) The party who wants to challenge the credibility or consistency of that person must—
(a) serve notice of intention to do so on—
(i) the court officer, and
(ii) the party who served the notice of hearsay evidence,
not more than 5 business days after service of that hearsay evidence notice; and
(b) in the notice, identify any statement or other material on which that party relies.
(3) The party who served the hearsay notice—
(a) may call that person to give oral evidence instead; and
(b) if so, must serve notice of intention to do so on—
(i) the court officer, and
(ii) every party on whom the hearsay notice was served,
not more than 5 business days after service of the notice under paragraph (2).
[Note. Section 5(2) of the Civil Evidence Act 1995 describes the procedure for challenging the credibility of the maker of a statement of which hearsay evidence is introduced. See also section 6 of that Act. The 1995 Act does not allow the introduction of evidence of a previous inconsistent statement otherwise than in accordance with sections 5, 6 and 7 of the Criminal Procedure Act 1865.]
31.9 Notice to supervisor of requirement for supervision or monitoring
(1) This rule applies where—
(a) the legislation under which a behaviour order is made allows the court to impose a requirement for supervision or electronic monitoring; and
(b) the court imposes such a requirement.
(2) The court officer must—
(a) inform the person to be responsible for the supervision or monitoring (‘the supervisor’) of the defendant’s name, address and, if available, telephone number, and as appropriate—
(i) details of the requirement to be supervised or monitored, and
(ii) details of the place at which the defendant’s presence must be monitored and the period or periods during which the defendant’s presence at that place must be monitored;
(b) inform the defendant of the supervisor’s identity and the means by which the supervisor may be contacted; and
(c) notify the supervisor of any subsequent variation, renewal, discharge or revocation of the requirement.
[Note. The legislation that gives the court power to make a behaviour order may specify circumstances in which a requirement for supervision or electronic monitoring may be imposed.
Under section 347A of the Sentencing Act 2020a sexual harm prevention order which imposes a requirement, other than an electronic monitoring requirement, on the defendant must specify the person or organisation responsible for supervising compliance with that requirement. Under section 23 of the Public Order Act 2023 a serious disruption prevention order which imposes a requirement other than a notification requirement under section 24 of that Act must similarly specify a supervisor. Before including such a requirement in an order the court must receive evidence from that supervisor about the requirement’s suitability and enforceability.
Under section 5B of the Serious Crime Act 2007 , section 348A of the Sentencing Act 2020 and section 37 of the Domestic Abuse Act 2021 , a serious crime prevention order, a sexual harm prevention order or a domestic abuse protection order, respectively, which imposes an electronic monitoring requirement on the defendant must specify the person responsible for that monitoring. If there is a person other than the defendant without whose co-operation it would be impracticable to secure that monitoring, the requirement may not be imposed without that person’s consent.]
(1) Where the court can impose a bind over—
(a) the court must decide, in this sequence—
(i) whether or not to do so and if so in what terms, and then
(ii) the amount of the recognisance to require; and
(b) the court may exercise its powers—
(i) on application or on the court’s own initiative, and
(ii) at a hearing in public, as a general rule, or, in exceptional circumstances, in private.
(2) Before imposing a bind over the court must—
(a) take into account, as well as any representations under rule 31.2 (Behaviour orders and bind overs: general rules)—
(i) any evidence introduced, and
(ii) any admission made; and
(b) satisfy itself so that it is sure that the criteria for the bind over are met.
(3) Before deciding the amount of any recognisance to require the court must take into account, as well as any representations under rule 31.2, such information as is readily available about the financial circumstances of the person to be bound over.
(4) As a general rule the court must not impose a bind over for more than 12 months.
(5) If the court decides to impose a bind over—
(a) the court must explain, in terms the person to be bound over can understand (with help if necessary)—
(i) the effect of the court’s decision,
(ii) the consequences of refusing to enter into a recognisance,
(iii) the consequences of breaching the bind over, and
(iv) the possibility of appeal; and
(b) the court must announce its decision and reasons at a hearing in public.
(6) A bind over must be in writing and must—
(a) describe in ordinary language the conduct from which the person to be bound over must refrain;
(b) specify the amount of the recognisance;
(c) specify the duration of the bind over; and
(d) identify any surety who is not the person to be bound over.
(7) If the Crown Court requires the person to be bound over to come up for judgment, the bind over also must specify—
(a) any date on which, and place and time at which, that person must attend court; or
(b) the means by which that person will be given notice of such a date, place and time.
(8) The court officer must serve the bind over as soon as practicable—
(a) in every case, on the person bound by it; and
(b) as applicable, on each party or other party.
[Note. Under section 1 of the Justices of the Peace Act 1361, section 1(7) of the Justices of the Peace Act 1968and the inherent powers recognised by those provisions, before imposing a bind over the court must be satisfied that—
(a) a breach of the peace involving violence or a threat of immediate violence has occurred; or
(b) there is a real risk of violence in the future perpetrated by—
(i) the person to be bound over, or
(ii) another person as a natural consequence of the conduct of the person to be bound over.]
(1) Where a person to be bound over refuses to enter into a recognisance, the court must—
(a) consider such other steps as may be available, for example continuing or starting a prosecution; and
(b) treat committal to custody as a last resort.
(2) Where a person bound over is alleged to have breached a requirement, before the court forfeits the recognisance it must satisfy itself on the balance of probabilities that a breach has occurred.
(3) In addition to paragraph (1) or (2), as applicable, before committing to custody or forfeiting a recognisance the court must follow the procedure required by rule 48.8 (contempt of court by obstruction, disruption, etc.; procedure on enquiry) as if—
(a) the refusal or breach were a contempt of court; and
(b) the committal or forfeiture were a punishment for such a contempt.
[Note. Under section 1(7) of the Justices of the Peace Act 1968 if a person whom the court decides to bind over refuses to enter into a recognisance the court cancommit that person to custody.
Payment of the sum due under a recognisance that is forfeit can be enforced under section 58 of the Magistrates’ Courts Act 1980.]
31.12 Court’s power to vary requirements under this Part
Unless other legislation otherwise provides, the court may—
(a) shorten a time limit or extend it (even after it has expired);
(b) allow a notice or application to be given in a different form, or presented orally; and
(c) dispense with a requirement for service (even after service was required).
This Part applies where—
(a) the person responsible for a defendant’s compliance with an order to which applies—
(i) Schedule 5, 7, 10 or 16 to the Sentencing Act 2020, or
(ii) the Schedule to the Street Offences Act 1959,
wants the court to deal with that defendant for failure to comply;
(b) one of the following wants the court to exercise any power it has to revoke or amend such an order—
(i) the responsible officer or supervisor,
(ii) the defendant, or
(iii) where the legislation allows, a person affected by the order; or
(c) the court considers exercising on its own initiative any power it has to revoke or amend such an order.
[Note. In the Sentencing Act 2020—
(a) Schedule 5 deals with the breach, revocation and amendment of reparation orders;
(b) Schedule 7 deals with the breach, revocation and amendment of youth rehabilitation orders;
(c) Schedule 10 deals with the breach, revocation and amendment of community orders; and
(d) Schedule 16 deals with the breach or amendment of suspended sentence orders, and the effect of a further conviction.
32.2 Application by responsible officer or supervisor
(1) This rule applies where—
(a) the responsible officer or supervisor wants the court to—
(i) deal with a defendant for failure to comply with an order to which this Part applies, or
(ii) revoke or amend such an order; or
(b) the court considers exercising on its own initiative any power it has to—
(i) revoke or amend such an order, and
(ii) summon the defendant to attend for that purpose.
(2) Rules 7.2 to 7.4, which deal, among other things, with starting a prosecution in a magistrates’ court, apply—
(a) as if—
(i) a reference in those rules to an allegation of an offence included a reference to an allegation of failure to comply with an order to which this Part applies, and
(ii) a reference to the prosecutor included a reference to the responsible officer or supervisor; and
(b) with the necessary consequential modifications.
(1) This rule applies where—
(a) the defendant wants the court to exercise any power it has to revoke or amend an order to which this Part applies; or
(b) where the legislation allows, a person affected by such an order wants the court to exercise any such power.
(2) That defendant, or person affected, must—
(a) apply in writing, explaining why the order should be revoked or amended; and
(b) serve the application on—
(i) the court officer,
(ii) the responsible officer or supervisor, and
(iii) as appropriate, the defendant or the person affected.
32.4 Procedure on application by responsible officer or supervisor
(1) Except for rules 24.8 (Written guilty plea: special rules) and 24.9 (Single justice procedure: special rules), the rules in Part 24, which deal with the procedure at a trial in a magistrates’ court, apply—
(a) as if—
(i) a reference in those rules to an allegation of an offence included a reference to an allegation of failure to comply with an order to which this Part applies,
(ii) a reference to the court’s verdict included a reference to the court’s decision to revoke or amend such an order, or to exercise any other power it has to deal with the defendant, and
(iii) a reference to the court’s sentence included a reference to the exercise of any such power; and
(b) with the necessary consequential modifications.
(2) The court officer must serve on each party any order revoking or amending an order to which this Part applies.
In this Part words and expressions used have the same meaning as in Part 2 of the Proceeds of Crime Act 2002 and:
‘document’ means anything in which information of any description is recorded;
‘hearsay evidence’ means evidence consisting of hearsay within the meaning of section 1(2) of the Civil Evidence Act 1995;
‘restraint proceedings’ means proceedings under sections 42 and 58(2) and (3) of the Proceeds of Crime Act 2002;
‘receivership proceedings’ means proceedings under sections 48, 49, 50, 51, 54(4), 59(2) and (3), 62 and 63 of the 2002 Act;
‘witness statement’ means a written statement signed by a person which contains the evidence, and only that evidence, which that person would be allowed to give orally.
33.2 Application for registration of Scottish or Northern Ireland order
(1) This rule applies to an application for registration of an order under article 6 of the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002.
(2) The application may be made without notice.
(3) The application must be in writing and may be supported by a witness statement which must—
(a) exhibit the order or a certified copy of the order; and
(b) to the best of the witness’ ability, give full details of the realisable property located in England and Wales in respect of which the order was made and specify the person holding that realisable property.
(4) If the court registers the order, the applicant must serve notice of the registration on—
(a) any person who holds realisable property to which the order applies; and
(b) any other person whom the applicant knows to be affected by the order.
(5) The permission of the Crown Court under rule 33.8 (Service outside the jurisdiction) is not required to serve the notice outside England and Wales.
33.3 Application to vary or set aside registration
(1) An application to vary or set aside registration of an order under article 6 of the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 may be made to the Crown Court by—
(a) any person who holds realisable property to which the order applies; and
(b) any other person affected by the order.
(2) The application must be in writing and may be supported by a witness statement.
(3) The application and any witness statement must be lodged with the Crown Court.
(4) The application must be served on the person who applied for registration at least 5 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.
(5) No property in England and Wales may be realised in pursuance of the order before the Crown Court has decided the application.
(1) The Crown Court must keep, under the direction of the Lord Chancellor, a register of the orders registered under article 6 of the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002.
(2) The register must include details of any variation or setting aside of a registration under rule 33.3 and of any execution issued on a registered order.
(3) If the person who applied for registration of an order which is subsequently registered notifies the Crown Court that the court which made the order has varied or discharged the order, details of the variation or discharge, as the case may be, must be entered in the register.
(1) Any witness statement required to be served by this Part must be verified by a statement of truth contained in the witness statement.
(2) A statement of truth is a declaration by the person making the witness statement to the effect that the witness statement is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true.
(3) The statement of truth must be signed by the person making the witness statement.
(4) If the person making the witness statement fails to verify the witness statement by a statement of truth, the Crown Court may direct that it shall not be admissible as evidence.
(1) Except as provided by this rule, a witness statement served in proceedings under Part 2 of the Proceeds of Crime Act 2002 may be used only for the purpose of the proceedings in which it is served.
(2) Paragraph (1) does not apply if and to the extent that—
(a) the witness gives consent in writing to some other use of it;
(b) the Crown Court gives permission for some other use; or
(c) the witness statement has been put in evidence at a hearing held in public.
(1) Rule 49.1 (Notice required to accompany process served outside the United Kingdom and translations) shall not apply in restraint proceedings and receivership proceedings.
(2) An order made in restraint proceedings or receivership proceedings may be enforced against the defendant or any other person affected by it notwithstanding that service of a copy of the order has not been effected in accordance with Part 4 if the Crown Court is satisfied that the person had notice of the order by being present when the order was made.
(1) Where this Part requires a document to be served on someone who is outside England and Wales, it may be served outside England and Wales with the permission of the Crown Court.
(2) Where a document is to be served outside England and Wales it may be served by any method permitted by the law of the country in which it is to be served.
(3) Nothing in this rule or in any court order shall authorise or require any person to do anything in the country where the document is to be served which is against the law of that country.
(4) Where this Part requires a document to be served a certain period of time before the date of a hearing and the recipient does not appear at the hearing, the hearing must not take place unless the Crown Court is satisfied that the document has been duly served.
(1) Where this Part requires that the applicant for an order in restraint proceedings or receivership proceedings serve a document on another person, the applicant must lodge a certificate of service with the Crown Court within 5 business days of service of the document.
(2) The certificate must state—
(a) the method of service;
(b) the date of service; and
(c) if the document is served under rule 4.9 (Service by another method), such other information as the court may require when making the order permitting service by that method.
(3) Where a document is to be served by the Crown Court in restraint proceedings and receivership proceedings and the court is unable to serve it, the court must send a notice of non-service stating the method attempted to the party who requested service.
(1) The rules in this Part and in Part 42 (Appeal to the Court of Appeal in confiscation and related proceedings) apply with the necessary modifications to proceedings under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 in the same way that they apply to corresponding proceedings under Part 2 of the Proceeds of Crime Act 2002.
(2) This table shows how provisions of the 2005 Order correspond with provisions of the 2002 Act.
Article of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 | Section of the Proceeds of Crime Act 2002
8 | 41
9 | 42
10 | 43
11 | 44
15 | 48
16 | 49
17 | 58
23 | 31
27 | 50
28 | 51
41 | 62
42 | 63
44 | 65
45 | 66
(1) This rule applies where—
(a) rule 25.16(7) applies (Trial and sentence in the Crown Court; Procedure if the court convicts);
(b) the court can make a confiscation order; and
(c) the prosecutor asks the court to make such an order, or the court considers making such an order on its own initiative.
(2) The court must satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary)—
(a) in every case—
(i) that the court’s requirements for information must be obeyed, and
(ii) the potential consequences of not doing so; and
(b) if the court makes a confiscation order—
(i) the amount that must be paid and how that has been calculated,
(ii) the potential consequences of failing to pay that amount, and
(iii) if applicable, the possibility that the prosecutor in future may apply to the court to order the defendant to pay more.
(3) The court must set a confiscation timetable that—
(a) requires the defendant to serve on the court officer and the prosecutor information under section 18 of the Proceeds of Crime Act 2002 not more than 15 business days after the court sets the timetable (or within such other period as the court directs);
(b) requires the defendant to serve on any person who holds an interest in property in which the defendant also holds an interest (‘an interested person’) not more than 15 business days after the court sets the timetable (or within such other period as the court directs)—
(i) notice of the confiscation proceedings,
(ii) notice that the defendant has named that person as an interested person, with the reasons why, and
(iii) notice of what that person must do under paragraph (9) of this rule, giving addresses for the court office, the prosecutor and the defendant;
(c) requires the prosecutor to serve on the court officer and the defendant a statement of information under section 16 of the Proceeds of Crime Act 2002 not more than 20 business days after service of the defendant’s section 18 information (or within such other period as the court directs);
(d) requires the defendant to serve on the court officer and the prosecutor a response to the prosecutor’s statement of information, under section 17 of the Proceeds of Crime Act 2002, not more than 30 business days after service of that statement (or within such other period as the court directs); and
(e) fixes a date for the confiscation hearing.
(4) The information from the defendant under section 18 of the 2002 Act must—
(a) list the defendant’s property;
(b) give details of the defendant’s income;
(c) list any property in which an interested person holds an interest and include—
(i) that person’s name and address,
(ii) the name and address of that person’s legal representative, if known, and
(iii) details of that person’s interest in the property.
(5) In or with the statement of information under section 16 of the 2002 Act the prosecutor must—
(a) set out the grounds for a confiscation order;
(b) list the prosecutor’s assertions in a way that allows the defendant to indicate the extent to which (if at all) the defendant accepts each assertion;
(c) identify any interested person known to the prosecutor but not mentioned in the defendant’s information, with details of that person’s interest;
(d) include a financial investigator’s witness statement that sets out the matters of fact on which the prosecutor relies;
(e) include any other witness statement or other evidence relied upon in support of the prosecutor’s case; and
(f) if either the defendant’s information or the prosecutor’s statement of information has mentioned an interested person, apply for further directions.
(6) Where the prosecutor mentions in the statement of information an interested person not also mentioned in the defendant’s information, at the same time as serving the statement of information the prosecutor must serve on that person—
(a) notice of the confiscation proceedings;
(b) notice that the prosecutor has named that person as an interested person, with the reasons why; and
(c) notice of what that person must do under paragraph (9) of this rule, giving addresses for the court office, the prosecutor and the defendant.
(7) In or with the response under section 17 of the 2002 Act the defendant must—
(a) state whether, and if so to what extent, the defendant accepts each assertion made by the prosecutor in the statement of information;
(b) in respect of each assertion that the defendant does not accept, give reasons why and particulars of any matters on which the defendant intends to rely;
(c) include any assertion by the defendant that benefit from criminal conduct has been shared with somebody else; and
(d) include any witness statement or other evidence relied upon in support of the defendant’s case.
(8) Where part of the defendant’s response concerns the interest of an interested person, at the same time as serving the response the defendant must serve that part on that person.
(9) An interested person served with notice of the proceedings by the defendant or by the prosecutor must, not more than 45 business days after service of that notice (or within such other period as the court directs)—
(a) serve a response on the court officer, the prosecutor and the defendant; and
(b) in or with the response—
(i) state whether, and if so to what extent, the interested person accepts the assertions made about that person’s interest,
(ii) in respect of each assertion that the interested person does not accept, give reasons why and particulars of any matters on which that person intends to rely,
(iii) give particulars of the person’s interest (if any) in the property, and
(iv) include any witness statement or other evidence on which the interested person relies.
(10) The court must—
(a) when setting the confiscation timetable take into account any indication then available that the case will involve unusual complexity; and
(b) review the timetable and give such further directions as may be needed if—
(i) the defendant or the prosecutor identifies an interested person,
(ii) other information may affect the date fixed for the confiscation hearing, or
(iii) either party applies for further directions.
(11) The court must not determine the extent of the defendant’s interest in property in which it appears to the court that another person holds an interest unless that interested person has had a reasonable opportunity to make representations.
(12) With or without a hearing, the court may—
(a) shorten or extend a time limit which it has set;
(b) vary, discharge or supplement an order (other than a confiscation order) which it has made where this rule applies; and
(c) postpone the confiscation hearing.
[Note. Under section 6 of the Proceeds of Crime Act 2002, where a defendant is convicted of an offence the Crown Court must (with some exceptions)—
(a) decide whether the defendant has ‘a criminal lifestyle’, within the meaning of the Act, or has benefited from particular criminal conduct;
(b) decide the ‘recoverable amount’, within the meaning of the Act; and
(c) make a confiscation order requiring the defendant to pay that amount.
Under section 14 of the 2002 Act, unless exceptional circumstances apply the court may postpone confiscation proceedings for a maximum of 2 years from the date of conviction, or until the end of a period of 3 months following the determination of an appeal by the defendant against conviction, if that is later.
Under section 16 of the 2002 Act, where the Crown Court is considering confiscation the prosecutor must give the court a statement of information which the prosecutor believes to be relevant to what the court must decide, within such period as the court directs. Under section 17 of the Act, where the prosecutor gives such a statement the court may order the defendant to respond and, if the defendant does not do so, then the court may treat the defendant as accepting the prosecutor’s allegations. Under section 18, for the purpose of obtaining information to help it in carrying out its functions the court may at any time order the defendant to give it information specified in the order and, if the defendant does not do so, then the court may draw such inference as it believes appropriate. Under section 18A, for the purpose of obtaining information to help it to determine the extent of the defendant’s interest in property the court may at any time order a person who the court thinks may hold an interest in that property to give it information specified in the order and, if that person does not do so, then the court may draw such inference as it believes appropriate.
Under section 27 of the 2002 Act, special provisions apply where the defendant absconds.
See also the rules in Part 3 (Case management) and Part 15 (Disclosure).
For powers to vary a confiscation order see—
(a) rule 28.4 (Variation of sentence); and
(b) rules 33.13 to 33.18.
Under section 97 of the Serious Organised Crime and Police Act 2005, the Secretary of State may by order provide for confiscation orders to be made by magistrates’ courts.]
(1) This rule applies where—
(a) the prosecutor wants the court to make a compliance order after a confiscation order has been made; or
(b) the prosecutor or a person affected by a compliance order wants the court to vary or discharge the order.
(2) Such a prosecutor or person must—
(a) apply in writing; and
(b) serve the application on—
(i) the court officer, and
(ii) as appropriate, the prosecutor and any person who is affected by the compliance order (or who would be affected if it were made), unless the court otherwise directs.
(3) The application must—
(a) specify—
(i) the confiscation order, and
(ii) the compliance order, if it is an application to vary or discharge that order;
(b) if it is an application for a compliance order—
(i) specify each measure that the prosecutor proposes to ensure that the confiscation order is effective, including in particular any restriction or prohibition on the defendant’s travel outside the United Kingdom, and
(ii) explain why each such measure is appropriate;
(c) if it is an application to vary or discharge a compliance order, as appropriate—
(i) specify any proposed variation, and
(ii) explain why it is appropriate for the order to be varied or discharged;
(d) attach any material on which the applicant relies;
(e) propose the terms of the order; and
(f) ask for a hearing, if the applicant wants one, and explain why it is needed.
(4) A person who wants to make representations about the application must—
(a) serve the representations on—
(i) the court officer, and
(ii) the applicant;
(b) do so as soon as reasonably practicable after service of the application;
(c) attach any material on which that person relies; and
(d) ask for a hearing, if that person wants one, and explain why it is needed.
(5) The court—
(a) may determine the application at a hearing (which must be in private unless the court otherwise directs), or without a hearing; and
(b) may dispense with service on any person of a prosecutor’s application for a compliance order if, in particular—
(i) the application is urgent, or
(ii) there are reasonable grounds for believing that to give notice of the application would cause the dissipation of property that otherwise would be available to satisfy the confiscation order.
[Note. See section 13A of the Proceeds of Crime Act 2002.]
(1) This rule applies where the prosecutor wants the court, in view of fresh evidence—
(a) to consider making a confiscation order where the defendant was convicted but no such order was considered;
(b) to reconsider a decision that the defendant had not benefited from criminal conduct; or
(c) to reconsider a decision about the amount of the defendant’s benefit.
(2) The application must—
(a) be in writing and give—
(i) the name of the defendant,
(ii) the date on which and the place where any relevant conviction occurred,
(iii) the date on which and the place where any relevant confiscation order was made or varied,
(iv) details of any slavery and trafficking reparation order made by virtue of any relevant confiscation order,
(v) the grounds for the application, and
(vi) an indication of the evidence available to support the application; and
(b) where the parties are agreed on the terms of the proposed order include, in one or more documents—
(i) a draft order in the terms proposed, and
(ii) evidence of the parties’ agreement.
(3) The application must be served on—
(a) the court officer; and
(b) the defendant.
(4) The court—
(a) may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but
(b) must determine the application at a hearing in any other case.
(5) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than 6 business days after it was served unless the court otherwise directs.
[Note. See sections 19, 20 and 21 of the Proceeds of Crime Act 2002and section 10 of the Modern Slavery Act 2015.]
33.14 Application for new calculation of available amount
(1) This rule applies where the prosecutor or a receiver wants the court to make a new calculation of the amount available for confiscation.
(2) The application—
(a) must be in writing and may be supported by a witness statement;
(b) must identify any slavery and trafficking reparation order made by virtue of the confiscation order; and
(c) where the parties are agreed on the terms of the proposed order, must include in one or more documents—
(i) a draft order in the terms proposed, and
(ii) evidence of the parties’ agreement.
(3) The application and any witness statement must be served on the court officer.
(4) The application and any witness statement must be served on—
(a) the defendant;
(b) the receiver, if the prosecutor is making the application and a receiver has been appointed; and
(c) the prosecutor, if the receiver is making the application.
(5) The court—
(a) may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but
(b) must determine the application at a hearing in any other case.
(6) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than 6 business days after it was served unless the court otherwise directs.
[Note. See section 22 of the Proceeds of Crime Act 2002 and section 10 of the Modern Slavery Act 2015.]
33.15 Variation of confiscation order due to inadequacy of available amount
(1) This rule applies where the defendant, the prosecutor or a receiver wants the court to vary a confiscation order because the amount available is inadequate.
(2) The application—
(a) must be in writing and may be supported by a witness statement;
(b) must identify any slavery and trafficking reparation order made by virtue of the confiscation order; and
(c) where the parties are agreed on the terms of the proposed order, must include in one or more documents—
(i) a draft order in the terms proposed, and
(ii) evidence of the parties’ agreement.
(3) The application and any witness statement must be served on the court officer.
(4) The application and any witness statement must be served on—
(a) the prosecutor;
(b) the defendant, if the receiver is making the application; and
(c) the receiver, if the defendant is making the application and a receiver has been appointed.
(5) The court—
(a) may determine the application without a hearing where the parties are agreed on the terms of the proposed order; but
(b) must determine the application at a hearing in any other case.
(6) Where this rule or the court requires the application to be heard, the court officer must arrange for the court to hear it no sooner than 6 business days after it was served unless the court otherwise directs.
[Note. See section 23 of the Proceeds of Crime Act 2002and section 10 of the Modern Slavery Act 2015.]
33.16 Application by magistrates’ court officer to discharge confiscation order
(1) This rule applies where a magistrates’ court officer wants the court to discharge a confiscation order because the amount available is inadequate or the sum outstanding is very small.
(2) The application must be in writing and give details of—
(a) the confiscation order;
(b) any slavery and trafficking reparation order made by virtue of the confiscation order;
(c) the amount outstanding under the order; and
(d) the grounds for the application.
(3) The application must be served on—
(a) the defendant;
(b) the prosecutor; and
(c) any receiver.
(4) The court may determine the application without a hearing unless a person listed in paragraph (3) indicates, within 5 business days after the application was served, that he or she would like to make representations.
(5) If the court makes an order discharging the confiscation order, the court officer must, at once, send a copy of the order to—
(a) the magistrates’ court officer who applied for the order;
(b) the defendant;
(c) the prosecutor; and
(d) any receiver.
[Note. See sections 24 and 25 of the Proceeds of Crime Act 2002and section 10 of the Modern Slavery Act 2015.]
33.17 Application for variation of confiscation order made against an absconder
(1) This rule applies where the defendant wants the court to vary a confiscation order made while the defendant was an absconder.
(2) The application must be in writing and supported by a witness statement which must give details of—
(a) the confiscation order;
(b) any slavery and trafficking reparation order made by virtue of the confiscation order;
(c) the circumstances in which the defendant ceased to be an absconder;
(d) the defendant’s conviction of the offence or offences concerned; and
(e) the reason why the defendant believes the amount required to be paid under the confiscation order was too large.
(3) The application and witness statement must be served on the court officer.
(4) The application and witness statement must be served on the prosecutor at least 5 business days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.
[Note. See section 29 of the Proceeds of Crime Act 2002and section 10 of the Modern Slavery Act 2015.]
33.18 Application for discharge of confiscation order made against an absconder
(1) This rule applies where the defendant wants the court to discharge a confiscation order made while the defendant was an absconder and—
(a) the defendant since has been tried and acquitted of each offence concerned; or
(b) the prosecution has not concluded or is not to proceed.
(2) The application must be in writing and supported by a witness statement which must give details of—
(a) the confiscation order;
(b) the date on which the defendant ceased to be an absconder;
(c) the acquittal of the defendant if he or she has been acquitted of the offence concerned; and
(d) if the defendant has not been acquitted of the offence concerned—
(i) the date on which the defendant ceased to be an absconder,
(ii) the date on which the proceedings taken against the defendant were instituted and a summary of steps taken in the proceedings since then, and
(iii) any indication that the prosecutor does not intend to proceed against the defendant.
(3) The application and witness statement must be served on the court officer.
(4) The application and witness statement must be served on the prosecutor at least 5 business days before the date fixed by the court for hearing the application, unless the court specifies a shorter period.
(5) If the court orders the discharge of the confiscation order, the court officer must serve notice on any other court responsible for enforcing the order.
[Note. See section 30 of the Proceeds of Crime Act 2002.]
33.19 Application for increase in term of imprisonment in default
(1) This rule applies where—
(a) a court varies a confiscation order; and
(b) the prosecutor wants the court in consequence to increase the term of imprisonment to be served in default of payment.
(2) The application must be made in writing and give details of—
(a) the name and address of the defendant;
(b) the confiscation order;
(c) the grounds for the application; and
(d) the enforcement measures taken, if any.
(3) On receipt of the application, the court officer must—
(a) at once, send to the defendant and any other court responsible for enforcing the order, a copy of the application; and
(b) fix a time, date and place for the hearing and notify the applicant and the defendant of that time, date and place.
(4) If the court makes an order increasing the term of imprisonment in default, the court officer must, at once, send a copy of the order to—
(a) the applicant;
(b) the defendant;
(c) where the defendant is in custody at the time of the making of the order, the person having custody of the defendant; and
(d) any other court responsible for enforcing the order.
[Note. See section 39(5) of the Proceeds of Crime Act 2002.]