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The Criminal Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-01-11

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) Except for rule 37.8, the rules in Part 37, 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.

PART 45 — DEFERRED SENTENCE

Contents of this Part

Further conviction in magistrates’ court after sentence deferred	rule 45.1

Further conviction in magistrates’ court after sentence deferred

45.1

Where under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00385] a court has deferred passing sentence on an offender and before the expiration of the period of deferment he is convicted of any offence by a magistrates’ court, the court officer for the convicting court shall, if the court which deferred passing sentence on the earlier occasion was another magistrates’ court or the Crown Court, give notice of the conviction to the court officer for that court.

PART 46

[Note. There are no rules in this Part.]

PART 47 — SUSPENDED SENTENCES OF IMPRISONMENT

Contents of this Part

Entries in magistrates’ court register in respect of
suspended sentences	rule 47.1
Suspended sentence supervision orders	rule 47.2

Entries in magistrates’ court register in respect of suspended sentences

47.1

(1) Where under section 119 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00386] a magistrates’ court deals with a person in respect of a suspended sentence otherwise than by making an order under section 119(1)(a), the court shall cause to be entered in the register its reasons for its opinion that it would be unjust to make such an order.

(2) Where an offender is dealt with under section 119 of the 2000 Act in respect of a suspended sentence passed by a magistrates’ court, the court officer shall note this in the register, or where the suspended sentence was not passed by that court, shall notify the court officer for the court by which it was passed who shall note it in the register.

[Note. For the requirement to keep a register, see rule 5.4.]

Suspended sentence supervision orders

47.2

(1) Where a magistrates’ court makes an order under section 119(1)(a) or (b) of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of a person who is subject to a suspended sentence supervision order, the court officer shall note this in the register, or where that order was not made by that court, shall—

(a) if the order was made by another magistrates’ court, notify the court officer for that court who shall note the court register accordingly; or

(b) if the order was made by the Crown Court, notify the Crown Court officer.

(2) Where a magistrates’ court discharges a suspended sentence supervision order under section 124(1) of the 2000 Act[^f00387], the court officer shall note this in the register, or where that order was not made by that court, shall—

(a) if the order was made by another magistrates’ court, notify the court officer for that court who shall note the court register accordingly; or

(b) if the order was made by the Crown Court, notify the Crown Court officer.

(3) Where a magistrates’ court fines a person under section 123 of the 2000 Act[^f00388] for breach of the requirements of a suspended sentence supervision order which was not made by that court, the court officer shall—

(a) if the order was made by another magistrates’ court, notify the court officer for that court; or

(b) if the order was made by the Crown Court, notify the Crown Court officer.

[Note. For the requirement to keep a register, see rule 5.4.]

PART 48 — COMMUNITY PENALTIES

Contents of this Part

Curfew order or requirement with electronic monitoring requirement	rule 48.1

Curfew order or requirement with electronic monitoring requirement

48.1

(1) This rule applies where the Crown Court makes—

(a) a curfew order with an electronic monitoring requirement under section 35 of the Crime (Sentences) Act 1997[^f00389] or under sections 37 and 36B of the Powers of Criminal Courts (Sentencing) Act 2000[^f00390]; or

(b) a community rehabilitation order with curfew and electronic monitoring requirements under section 41 of and paragraph 7 of Schedule 2 to the 2000 Act.

(2) The court officer shall serve notice of the order on the person in respect of whom it is made by way of pages 1 and 2 of the form set out in the Practice Direction.

(3) The court officer shall serve notice of the order on the person responsible for electronically monitoring compliance with it by way of the form set out in the Practice Direction.

(4) Where any community order additional to the curfew order has been made in respect of the offender, the court officer shall serve a copy of the notice required by paragraph (3) on the local probation board or Youth Offending Team responsible for the offender.

PART 49 — HOSPITAL AND GUARDIANSHIP ORDERS

Contents of this Part

Remand by magistrates’ court for medical enquiries	rule 49.1
Hospital or guardianship orders imposed by magistrates’ court	rule 49.2

Remand by magistrates’ court for medical inquiries

49.1

On exercising the powers conferred by section 11 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00391] a magistrates’ court shall—

(a) where the accused is remanded in custody, send to the institution or place to which he is committed; or

(b) where the accused is remanded on bail, send to the institution or place at which, or the person by whom, he is to be examined,

a statement of the reasons why the court is of opinion that an inquiry ought to be made into his physical or mental condition and of any information before the court about his physical or mental condition.

Hospital or guardianship order imposed by a magistrates’ court

49.2

(1) The magistrates’ court by which a hospital order is made under section 37 of the Mental Health Act 1983[^f00392] shall send to the hospital named in the order such information in the possession of the court as it considers likely to be of assistance in dealing with the patient to whom the order relates, and in particular such information about the mental condition, character and antecedents of the patient and the nature of the offence.

(2) The magistrates’ court by which a guardianship order is made under section 37 of the 1983 Act shall send to the local health authority named therein as guardian or, as the case may be, the local health authority for the area in which the person so named resides, such information in the possession of the court as it considers likely to be of assistance in dealing with the patient to whom the order relates and in particular such information about the mental condition, character and antecedents of the patient and the nature of the offence.

(3) The magistrates’ court by which an offender is ordered to be admitted to hospital under section 44 of the 1983 Act shall send to the hospital such information in the possession of the court as it considers likely to assist in the treatment of the offender until his case is dealt with by the Crown Court.

PART 50 — CIVIL BEHAVIOUR ORDERS AFTER VERDICT OR FINDING

Contents of this Part

When this Part applies	rule 50.1
Behaviour orders: general rules	rule 50.2
Application for behaviour order: special rules	rule 50.3
Evidence to assist the court: special rules	rule 50.4
Application to vary or revoke behaviour order	rule 50.5
Notice of hearsay evidence	rule 50.6
Cross-examination of maker of hearsay statement	rule 50.7
Credibility and consistency of maker of hearsay statement	rule 50.8
Court’s power to vary requirements under this Part	rule 50.9

[Note. See Part 3 for the court’s general powers to consider an application and to give directions.]

When this Part applies

50.1

(1) This Part applies in magistrates’ courts and in the Crown Court where the court could decide to make, vary or revoke a civil order—

(a) under a power that the court can exercise after reaching a verdict or making a finding, and

(b) that requires someone to do, or not do, something.

(2) A reference to a ‘behaviour order’ in this Part is a reference to any such order.

(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[^f00393].

[Note. In the circumstances set out in the Acts listed, the court can make a behaviour order:

(a) on conviction, under—

(i) section 14A of the Football Spectators Act 1989[^f00394](football banning orders),

(ii) section 5 of the Protection from Harassment Act 1997[^f00395](restraining orders),

(iii) sections 1C and 1D of the Crime and Disorder Act 1998[^f00396](anti-social behaviour orders and interim anti-social behaviour orders),

(iv) sections 8 and 9 of the Crime and Disorder Act 1998[^f00397](parenting orders),

(v) section 104 of the Sexual Offences Act 2003[^f00398](sexual offences prevention orders),

(vi) section 19 of the Serious Crime Act 2007[^f00399](serious crime prevention orders),

(vii) section 6 of the Violent Crime Reduction Act 2006[^f00400](drinking banning orders);

(b) on acquittal, under —

section 5A of the Protection from Harassment Act 1997[^f00401](restraining orders on acquittal); and

section 104 of the Sexual Offences Act 2003 (sexual offences prevention orders).

Behaviour orders: general rules

50.2

(1) The court must not make a behaviour order unless the person to whom it is directed has had an opportunity—

(a) to consider what order is proposed and why; and

(b) to make representations at a hearing (whether or not that person in fact attends).

(2) That restriction does not apply to making an interim behaviour order.

(3) But an interim behaviour order has no effect unless the person to whom it is directed—

(a) is present when it is made; or

(b) is handed a document recording the order not more than 7 days after it is made.

[Note. The Acts listed in the note to rule 50.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order.]

Application for behaviour order: special rules

50.3

(1) This rule applies where a prosecutor wants the court to make—

(a) an anti-social behaviour order; or

(b) a serious crime prevention order,

if the defendant is convicted.

(2) 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

as soon as practicable (without waiting for the verdict).

(3) The notice must be in the form set out in the Practice Direction and must—

(a) summarise the relevant facts;

(b) identify the evidence on which the prosecutor relies in support;

(d) specify the order that the prosecutor wants the court to make.

(4) The defendant must then—

(a) serve written 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) This rule does not apply to an application for an interim anti-social behaviour order.

[Note. 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, the Director of Revenue and Customs Prosecutions, or the Director of the Serious Fraud Office. See also paragraphs 2, 7 and 13 of Schedule 2 to the 2007 Act.

Evidence to assist the court: special rules

50.4

(1) This rule applies where the court indicates that it may make on its own initiative—

(a) a football banning order;

(b) a restraining order;

(d) a drinking banning order.

(2) A party who wants the court to take account of any particular evidence before making that decision must—

(a) serve notice in writing on—

(i) the court officer, and

(ii) every other party,

as soon as practicable (without waiting for the verdict); and

(b) in that notice identify that evidence and attach any written statement that has not already been served.

[Note. If a party relies on hearsay evidence, see also rules 50.6, 50.7, and 50.8.]

Application to vary or revoke behaviour order

50.5

(1) The court may vary 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 mentioned in the order,

(iv) the relevant authority or responsible officer,

(v) the relevant Chief Officer of Police, or

(vi) the Director of Public Prosecutions.

(2) A person applying under this rule must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so, explaining why the order should be varied or revoked; and

(b) serve the application, and any notice under paragraph (3), on the court officer and, as appropriate, anyone listed in paragraph (1)(b).

(3) A party who wants the court to take account of any particular evidence before making its decision must, as soon as practicable—

(a) serve notice in writing on—

(i) the court officer, and

(ii) as appropriate, anyone listed in paragraph (1)(b); and

(b) 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 with or without a hearing.

(5) 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 14 days in which to make representations, including representations about whether there should be a hearing.

(6) Where a person applies under this rule to a magistrates’ court—

(a) the application must be by complaint; and

(b) the court officer must give notice by summons of any hearing.

[Note. The legislation that gives the court power to make a behaviour order may limit the circumstances in which it may be varied or revoked and may require a hearing.

Notice of hearsay evidence

50.6

(1) A party who wants to introduce hearsay evidence must—

(a) serve a notice in writing 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 notice and more than one witness.

[Note. For the time within which to serve a notice of hearsay evidence, see rule 50.3(2) to (4), rule 50.4(2) and rule 50.5(3). 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.

Cross-examination of maker of hearsay statement

50.7

(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 7 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 7 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.]

Credibility and consistency of maker of hearsay statement

50.8

(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 a written 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 7 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 a notice of intention to do so on—

(i) the court officer, and

(ii) every party on whom he served the hearsay notice

not more than 7 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[^f00403].]

Court’s power to vary requirements under this Part

50.9

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.

PART 51

[Note. There are no rules in this Part.]

PART 52 — ENFORCEMENT OF FINES

Contents of this Part

Notice to defendant of fine or forfeited recognizance	rule 52.1
Payment of fine to be made to magistrates’ court officer	rule 52.2
Duty of magistrates’ court officer to give receipt	rule 52.3
Application to magistrates’ court for further time	rule 52.4
Review of terms of postponement of warrant of commitment
by magistrates’ court	rule 52.5
Notice to defendant before enforcing magistrates’ court order	rule 52.6
Execution of magistrates’ court distress warrant	rule 52.7
Payment after imprisonment imposed by magistrates’ court	rule 52.8
Order for supervision made by magistrates’ court	rule 52.9
Transfer of magistrates’ court fine order	rule 52.10
Directions by magistrates’ court that money found on defaulter
shall not be applied in satisfaction of debt	rule 52.11
Particulars of fine enforcement to be entered in
magistrates’ court register	rule 52.12
Payment after Attendance Centre order	rule 52.13

Notice to defendant of fine or forfeited recognizance

52.1

Where under section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000[^f00404] or section 67(2) of the Criminal Justice Act 1988[^f00405] a magistrates’ court is required to enforce payment of a fine imposed or recognizance forfeited by the Crown Court or where a magistrates’ court allows time for payment of a sum adjudged to be paid by a summary conviction, or directs that the sum be paid by instalments, or where the offender is absent when a sum is adjudged to be paid by a summary conviction, the magistrates’ court officer shall serve on the offender notice in writing stating the amount of the sum and, if it is to be paid by instalments, the amount of the instalments, the date on which the sum, or each of the instalments, is to be paid and the places and times at which payment may be made; and a warrant of distress or commitment shall not be issued until the preceding provisions of this rule have been complied with.

Payment of fine to be made to magistrates’ court officer

52.2

(1) A person adjudged by the conviction of a magistrates’ court to pay any sum shall, unless the court otherwise directs, pay that sum, or any instalment of that sum, to the court officer.

(2) Where payment of any sum or instalment of any sum adjudged to be paid by the conviction or order of a magistrates’ court is made to any person other than the court officer, that person, unless he is the person to whom the court has directed payment to be made or, in the case of a child, is the person with whom the child has his home, shall, as soon as may be, account for and, if the court officer so requires, pay over the sum or instalment to the court officer.

(3) Where payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court, or any instalment of such a sum, is directed to be made to the court officer for another court, the court officer for the court that adjudged the sum to be paid shall pay over any sums received by him on account of the said sum or instalment to the court officer for that other court.

Duty of magistrates’ court officer to give receipt

52.3

The court officer for a magistrates’ court shall give or send a receipt to any person who makes a payment to him in pursuance of a conviction or order of a magistrates’ court and who asks for a receipt.

Application to magistrates’ court for further time

52.4

An application under section 75(2) of the Magistrates’ Courts Act 1980[^f00406] (further time to pay) may, unless the court requires the applicant to attend, be made in writing.

Review of terms of postponement of warrant of commitment by magistrates’ court

52.5

An application under section 77(5) of the Magistrates’ Courts Act 1980[^f00407] may be made in writing or in person.

Notice to defendant before enforcing magistrates’ court order

52.6

A warrant of commitment shall not be issued for disobedience to an order of a magistrates’ court unless the defendant has been previously served with a copy of the minute of the order, or the order was made in his presence and the warrant is issued on that occasion:

Execution of magistrates’ court distress warrant

52.7

(1) A warrant of distress issued for the purpose of levying a sum adjudged to be paid by a summary conviction or order—

(a) shall name or otherwise describe the person against whom the distress is to be levied;

(b) shall be directed to the constables of the police area in which the warrant is issued or to the civilian enforcement officers for the area in which they are employed, or to a person named in the warrant and shall, subject to, and in accordance with, the provisions of this rule, require them to levy the said sum by distress and sale of the goods belonging to the said person; and

(c) may where it is directed to the constables of a police area, instead of being executed by any of those constables, be executed by any person under the direction of a constable.

(2) The warrant shall authorise the person charged with the execution of it to take as well any money as any goods of the person against whom the distress is levied; and any money so taken shall be treated as if it were the proceeds of the sale of goods taken under the warrant.

(3) The warrant shall require the person charged with the execution to pay the sum to be levied to the court officer for the court that issued the warrant.

(4) A warrant to which this rule applies may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them—

(a) A constable for any police area in England and Wales, acting in his own police area;

(b) where the warrant is one to which section 125A of the Magistrates’ Courts Act 1980[^f00408] applies, a civilian enforcement officer within the meaning of section 125A of the 1980 Act; and

(c) where the warrant is one to which section 125A of the 1980 Act applies, any of the individuals described in section 125B(1) of the 1980 Act[^f00409];

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

(5) A person executing a warrant of distress shall—

(a) either—

(i) if he has the warrant with him, show it to the person against whom the distress is levied, or

(ii) otherwise, state where the warrant is and what arrangements may be made to allow the person against whom distress is levied to inspect it;

(b) explain, in ordinary language, the sum for which distress is levied and the reason for the distress;

(c) where the person executing the warrant is one of the persons referred to in paragraph (4)(b) or (c) above, show the person against whom distress is levied a written statement under section 125A(4) of 125B(4) as appropriate; and

(d) in any case, show documentary proof of his identity.

(6) There shall not be taken under the warrant the clothing or bedding of any person or his family or the tools, books, vehicles or other equipment which he personally needs to use in his employment, business or vocation, provided that in this paragraph the word ‘person’ shall not include a corporation.

(7) The distress levied under any such warrant as aforesaid shall be sold within such period beginning not earlier than the 6th day after the making of the distress as may be specified in the warrant, or if no period is specified in the warrant, within a period beginning on the 6th day and ending on the 14th day after the making of the distress:

Provided that with the consent in writing of the person against whom the distress is levied the distress may be sold before the beginning of the said period.

(8) The clerk of the court which issued the warrant may, on the application of the person charged with the execution of it, extend the period within which the distress must be sold by any number of days not exceeding 60; but following the grant of such an application there shall be no further variation or extension of that period.

(9) The said distress shall be sold by public auction or in such other manner as the person against whom the distress is levied may in writing allow.

(10) Notwithstanding anything in the preceding provisions of this rule, the said distress shall not be sold if the sum for which the warrant was issued and the charges of taking and keeping the distress have been paid.

(11) Subject to any direction to the contrary in the warrant, where the distress is levied on household goods, the goods shall not, without the consent in writing of the person against whom the distress is levied, be removed from the house until the day of sale; and so much of the goods shall be impounded as is in the opinion of the person executing the warrant sufficient to satisfy the distress, by affixing to the articles impounded a conspicuous mark.

(12) The person charged with the execution of any such warrant as aforesaid shall cause the distress to be sold, and may deduct out of the amount realised by the sale all costs and charges incurred in effecting the sale; and he shall return to the owner the balance, if any, after retaining the amount of the sum for which the warrant was issued and the proper costs and charges of the execution of the warrant.

(13) The person charged with the execution of any such warrant as aforesaid shall as soon as practicable send to the court officer for the court that issued it a written account of the costs and charges incurred in executing it; and the court officer shall allow the person against whom the distress was levied to inspect the account within one month after the levy of the distress at any reasonable time to be appointed by the court.

(14) If any person pays or tenders to the person charged with the execution of any such warrant as aforesaid the sum mentioned in the warrant, or produces a receipt for that sum given by the court officer for the court that issued the warrant, and also pays the amount of the costs and charges of the distress up to the time of the payment or tender or the production of the receipt, the person as aforesaid shall not execute the warrant, or shall cease to execute it, as the case may be.

Payment after imprisonment imposed by magistrates’ court

52.8

(1) The persons authorised for the purposes of section 79(2) of the Magistrates’ Courts Act 1980[^f00410] to receive a part payment are—

(a) unless there has been issued a warrant of distress or commitment, the court officer for the court enforcing payment of the sum, or any person appointed under section 88 of that Act to supervise the offender;

(b) where the issue of a warrant of commitment has been suspended on conditions which provide for payment to be made to the court officer for another magistrates’ court, that court officer;

(c) any constable holding a warrant of distress or commitment or, where the warrant is directed to some other person, that person; and

(d) the governor or keeper of the prison or place in which the defaulter is detained, or other person having lawful custody of the defaulter:

Provided that—

(i) the said governor or keeper shall not be required to accept any sum tendered in part payment under the said section 79(2) of the 1980 Act except on a week-day between 9 o’clock in the morning and 5 o’clock in the afternoon, and

(ii) no person shall be required to receive in part payment under the said subsection (2) an amount which, or so much of an amount as, will not procure a reduction of the period for which the defaulter is committed or ordered to be detained.

(2) Where a person having custody of a defaulter receives payment of any sum he shall note receipt of the sum on the warrant of commitment.

(3) Where the magistrates’ court officer for a court other than the court enforcing payment of the sums receives payment of any sum he shall inform the magistrates’ court officer for the other court.

(4) Where a person appointed under section 88 of the 1980 Act[^f00411] to supervise an offender receives payment of any sum, he shall send it forthwith to the magistrates’ court officer for the court which appointed him.

Order for supervision made by magistrates’ court

52.9

(1) Unless an order under section 88(1) of the Magistrates’ Courts Act 1980 is made in the offender’s presence, the court officer for the court making the order shall deliver to the offender, or serve on him by post, notice in writing of the order.

(2) It shall be the duty of any person for the time being appointed under the said section to advise and befriend the offender with a view to inducing him to pay the sum adjudged to be paid and thereby avoid committal to custody and to give any information required by a magistrates’ court about the offender’s conduct and means.

Transfer of magistrates’ court fine order

52.10

(1) The court officer for a magistrates’ court which has made a transfer of fine order under section 89 or 90 or section 90 as applied by section 91 of the Magistrates’ Courts Act 1980[^f00412] shall send to the clerk of the court having jurisdiction under the order a copy of the order.

(2) Where a magistrates’ court has made a transfer of fine order in respect of a sum adjudged to be paid by a court in Scotland or in Northern Ireland the court officer shall send a copy of the order to the clerk of the Scottish court or to the clerk of the Northern Irish court, as the case may be.

(3) Where a court officer receives a copy of a transfer of fine order (whether made in England and Wales, or in Scotland or in Northern Ireland) specifying his court as the court by which payment of the sum in question is to be enforceable, he shall thereupon, if possible, deliver or send by post to the offender notice in writing.

(4) Where under a transfer of fine order a sum adjudged to be paid by a Scottish court or by a Northern Irish court is enforceable by a magistrates’ court—

(a) if the sum is paid, the court officer shall send it to the clerk of the Scottish court or to the clerk of the Northern Irish court, as the case may be; or

(b) if the sum is not paid, the court officer shall inform the clerk of the Scottish court or the clerk of the Northern Irish court, as the case may be, of the manner in which the adjudication has been satisfied or that the sum, or any balance thereof, appears to be irrecoverable.

Directions by magistrates’ court that money found on defaulter shall not be applied in satisfaction of debt

52.11

Where the defaulter is committed to, or ordered to be detained in, a prison or other place of detention, any direction given under section 80(2) of the Magistrates’ Courts Act 1980 shall be endorsed on the warrant of commitment.

Particulars of fine enforcement to be entered in magistrates’ court register

52.12

(1) Where the court on the occasion of convicting an offender of an offence issues a warrant of commitment for a default in paying a sum adjudged to be paid by the conviction or, having power to issue such a warrant, fixes a term of imprisonment under section 77(2) of the Magistrates’ Courts Act 1980[^f00413], the reasons for the court’s action shall be entered in the register, or any separate record kept for the purpose of recording particulars of fine enforcement.

(2) There shall be entered in the register, or any such record, particulars of any—

(a) means inquiry under section 82 of the 1980 Act[^f00414];

(b) hearing under subsection (5) of the said section 82;

(d) direction that such a sum shall be paid by instalments including any direction varying the number of instalments payable, the amount of any instalments payable and the date on which any instalment becomes payable;

(e) distress for the enforcement of such a sum;

(f) attachment of earnings order for the enforcement of such a sum;

(g) decision of the Secretary of State to make deductions from income support under section 24 of the Criminal Justice Act 1991[^f00415];

(h) order under the 1980 Act placing a person under supervision pending payment of such a sum;

(i) order under section 85(1) of the 1980 Act[^f00416] remitting the whole or any part of a fine;

(j) order under section 120(4) of the 1980 Act[^f00417] remitting the whole or any part of any sum enforceable under that section (forfeiture of recognizance);

(k) authority granted under section 87(3) of the 1980 Act[^f00418] authorising the taking of proceedings in the High Court or county court for the recovery of any sum adjudged to be paid by a conviction;

(l) transfer of fine order made by the court;

(m) order transferring a fine to the court;

(n) order under section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000[^f00419] specifying the court for the purpose of enforcing a fine imposed or a recognizance forfeited by the Crown Court; and

(o) any fine imposed or recognizance forfeited by a coroner which has to be treated as imposed or forfeited by the court;

(p) reference by a justice of the peace of an application under section 77(5) of the 1980 Act[^f00420] for a review of the terms on which a warrant of commitment is postponed; or

(q) order under section 77(3) of the 1980 Act[^f00421] varying the time for which or the conditions subject to which a warrant of commitment is postponed.

[Note. For the requirement to keep a register, see rule 5.4.]

Payment after Attendance Centre order

52.13

(1) Where any person is ordered, under section 60 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00422], to attend at an attendance centre in default of payment of a sum of money, payment may thereafter be made—

(a) of the whole of the said sum, to the court officer for the magistrates’ court which made the order, or

(b) of the whole or, subject to paragraph (2), any part of the said sum, to the officer in charge of the attendance centre specified in the order (‘the officer in charge’).

(2) The officer in charge may not accept a part payment that would not secure the reduction by one or more complete hours of the period of attendance specified in the order.

(3) On receiving a payment under paragraph (1) the court officer shall forthwith notify the officer in charge.

(4) The officer in charge shall pay any money received by him under paragraph (1) above to the court officer and shall note the receipt of the money in the register maintained at the attendance centre.

PART 53 — COMPENSATION ORDERS

Contents of this Part

Review of compensation order made by a magistrates’ court	rule 53.1

Review of compensation order made by a magistrates’ court

53.1

(1) An application under section 133 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00423] for the review of a compensation order shall be by complaint.

(2) The court officer for the magistrates’ court to which the complaint is made shall send a letter to the person for whose benefit the compensation order was made, inviting him to make observations and to attend any hearing of the complaint and advising him of his right to be heard.

PART 54 — CONDITIONAL DISCHARGE

Contents of this Part

Further offence committed after offender conditionally
discharged by a magistrates’ court	rule 54.1

Further offence committed after offender conditionally discharged by a magistrates’ court

54.1

(1) Where a magistrates’ court deals with a person under section 13 of the Powers of Criminal Courts (Sentencing) Act 2000[^f00424] in relation to an order for conditional discharge which was not made by that court the court officer shall give notice of the result of the proceedings to the court officer for the court by which the order was made.

(2) The court officer for a magistrates’ court receiving a notice under this rule shall note the decision of the other court in the register.

[Note. For the requirement to keep a register, see rule 5.4.]

PART 55 — ROAD TRAFFIC PENALTIES

Contents of this Part

Endorsement of driving licence by a magistrates’ court	rule 55.1
Application to magistrates’ court for removal of a disqualification	rule 55.2
Application to court for review of course provider’s refusal to issue a
certificate of satisfactory completion of driving course	rule 55.3
Statutory declaration under section 72 or 73 of the
Road Traffic Offenders Act 1988	rule 55.4
Appeal against recognition of a foreign driving disqualification	rule 55.5

Endorsement of driving licence by a magistrates’ court

55.1

(1) Where a magistrates’ court convicts a person of an offence and, under section 44 of the Road Traffic Offenders Act 1988[^f00425] orders that particulars of the conviction, and, if the court orders him to be disqualified, particulars of the disqualification, shall be endorsed on any licence held by him, the particulars to be endorsed shall include—

(a) the name of the local justice area for which the court is acting;

(b) the date of the conviction and the date on which sentence was passed (if different);

(d) particulars of the sentence of the court (including the period of disqualification, if any).

(2) Where a magistrates’ court orders that the licence of an offender be endorsed as mentioned in paragraph (1) or imposes an interim disqualification as mentioned in rule 43.1(1)(f) and the court officer knows or is informed of the date of birth and sex of the offender, the court officer shall send the information to the licensing authority which granted the licence.

Application to magistrates’ court for removal of a disqualification

55.2

(1) An application under section 42 of the Road Traffic Offenders Act 1988[^f00426] or paragraph7 of Schedule 4 to the Road Traffic (Consequential Provisions) Act 1988[^f00427] for an order removing a disqualification or disqualifications for holding or obtaining a licence shall be by complaint.

(2) The justice to whom the complaint is made shall issue a summons directed to the chief officer of police requiring him to appear before a magistrates’ court to show cause why an order should not be made on the complaint.

(3) Where a magistrates’ court makes an order under either of the provisions mentioned in paragraph (1) the court shall cause notice of the making of the order and a copy of the particulars of the order endorsed on the licence, if any, previously held by the applicant for the order to be sent to the licensing authority to which notice of the applicant’s disqualification was sent.

Application to court for review of course provider’s refusal to issue a certificate of satisfactory completion of driving course

55.3

(1) An application to the supervising court or the relevant local court under section 34B(6) or (8) of the Road Traffic Offenders Act 1988[^f00428] shall be served on the court officer within 28days after the date specified in an order under section 34A(5) of the 1988 Act.

(2) An application under section 34B(6) of the 1988 Act shall be accompanied by the notice under section 34B(5) of the 1988 Act.

(3) Where such an application is served on the court officer—

(a) he shall fix a date and time for the hearing of the application; and

(b) he shall—

(i) serve a copy of the application on the course provider, and

(ii) serve notice of the hearing on the applicant and course provider.

(4) If the course provider fails to appear or be represented at the hearing of the application without reasonable excuse, the court may proceed to decide the application in his absence.

(5) In this rule, ‘course provider’, ‘relevant local court’ and ‘supervising court’ have the meanings assigned to them in England and Wales by section 34C of the 1988 Act.

Statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988

55.4

Where a magistrates’ court officer receives a statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988[^f00429] (fixed penalty notice or notice fixed to vehicle invalid) he shall send a copy of it to the appropriate chief officer of police.

Appeal against recognition of foreign driving disqualification

55.5

(1) This rule applies where—

(a) a minister gives a disqualification notice under section 57 of the Crime (International Co-operation) Act 2003[^f00430]; and

(b) the person to whom it is given wants to appeal under section 59 of the Act[^f00431] to a magistrates’ court.

(2) That person (‘the appellant’) must serve an appeal notice on—

(a) the court officer, at a magistrates’ court in the local justice area in which the appellant lives; and

(b) the minister, at the address given in the disqualification notice.

(3) The appellant must serve the appeal notice within the period for which section 59 of the 2003 Act provides.

(4) The appeal notice must—

(a) attach a copy of the disqualification notice;

(b) explain which of the conditions in section 56 of the 2003 Act is not met, and why section 57 of the Act therefore does not apply; and

(5) The minister may serve a respondent’s notice, and must do so if—

(a) the minister wants to make representations to the court; or

(b) the court so directs.

(6) The minister must—

(a) unless the court otherwise directs, serve any such respondent’s notice not more than 14days after—

(i) the appellant serves the appeal notice, or

(ii) a direction to do so;

(b) in any such respondent’s notice—

(i) identify the grounds of opposition on which the minister relies,

(ii) summarise any relevant facts not already included in the disqualification and appeal notices, and

(iii) identify any other document that the minister thinks the court will need to decide the appeal (and serve any such document with the notice).

(7) Where the court determines an appeal—

(a) the general rule is that it will do so at a hearing (which will be in public, unless the court otherwise directs); but

(b) it may do so without a hearing.

(8) The court officer must serve on the minister—

(a) notice of the outcome of the appeal; and

(b) notice of any suspension of the disqualification; and

[Note. Section 56 of the Crime (International Co-operation) Act 2003 sets out the conditions for recognition in the United Kingdom of a foreign driving disqualification, and provides that section 57 of the Act applies where they are met. Under section 57, the appropriate minister may, and in some cases must, give the person concerned notice that he or she is disqualified in the UK, too, and for what period.

PART 56 — CONFISCATION PROCEEDINGS UNDER THE CRIMINAL JUSTICE ACT 1988 AND THE DRUG TRAFFICKING ACT 1994

Contents of this Part

Statements, etc. relevant to making confiscation orders	rule 56.1
Postponed determinations	rule 56.2
Confiscation orders – revised assessments	rule 56.3
Application to the Crown Court to discharge or vary order
to make material available	rule 56.4
Application to the Crown Court for increase in
term of imprisonment in default of payment	rule 56.5
Drug trafficking – compensation on acquittal
in the Crown Court	rule 56.6

Statements, etc. relevant to making confiscation orders

56.1

(1) Where a prosecutor or defendant―

(a) tenders to a magistrates’ court any statement or other document under section 73 of the Criminal Justice Act 1988[^f00434] in any proceedings in respect of an offence listed in Schedule 4 to that Act; or

(b) tenders to the Crown Court any statement or other document under section 11 of the Drug Trafficking Act 1994[^f00435] or section 73 of the 1988 Act in any proceedings in respect of a drug trafficking offence or in respect of an offence to which Part VI of the 1988 Act applies,

he must serve a copy as soon as practicable on the defendant or the prosecutor, as the case may be.

(2) Any statement tendered by the prosecutor to the magistrates’ court under section 73 of the 1988 Act or to the Crown Court under section 11(1) of the 1994 Act or section 73(1A) of the 1988 Act shall include the following particulars—

(a) the name of the defendant;

(b) the name of the person by whom the statement is made and the date on which it was made;

(c) where the statement is not tendered immediately after the defendant has been convicted, the date on which and the place where the relevant conviction occurred; and

(d) such information known to the prosecutor as is relevant to the determination as to whether or not the defendant has benefited from drug trafficking or relevant criminal conduct and to the assessment of the value of his proceeds of drug trafficking or, as the case may be, benefit from relevant criminal conduct.

(3) Where, in accordance with section 11(7) of the 1994 Act or section 73(1C) of the 1988 Act, the defendant indicates the extent to which he accepts any allegation contained within the prosecutor’s statement, if he indicates the same in writing to the prosecutor, he must serve a copy of that reply on the court officer.

(4) Expressions used in this rule shall have the same meanings as in the 1994 Act or, where appropriate, the 1988 Act.

[Note. The relevant provisions of the 1988 and 1994 Acts were repealed on 24th March 2003, but they continue to have effect in respect of proceedings for offences committed before that date.]

Postponed determinations

56.2

(1) Where an application is made by the defendant or the prosecutor –

(a) to a magistrates’ court under section 72A(5)(a) of the Criminal Justice Act 1988[^f00436] asking the court to exercise its powers under section 72A(4) of that Act; or

(b) to the Crown Court under section 3(5)(a) of the Drug Trafficking Act 1994[^f00437] asking the Court to exercise its powers under section 3(4) of that Act, or under section 72A(5)(a) of the 1988 Act asking the court to exercise its powers under section 72A(4) of the 1988 Act,

the application must be made in writing and a copy must be served on the prosecutor or the defendant, as the case may be.

(2) A party served with a copy of an application under paragraph (1) shall, within 28 days of the date of service, notify the applicant and the court officer, in writing, whether or not he proposes to oppose the application, giving his reasons for any opposition.

(3) After the expiry of the period referred to in paragraph (2), 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.

[Note. The relevant provisions of the 1988 and 1994 Acts were repealed on 24th March 2003, but they continue to have effect in respect of proceedings for offences committed before that date.]

Confiscation orders - revised assessments

56.3

(1) Where the prosecutor makes an application under section 13, 14 or 15 of the Drug Trafficking Act 1994[^f00438] or section 74A, 74B or 74C of the Criminal Justice Act 1988[^f00439], the application must be in writing and a copy must be served on the defendant.

(2) The application must include the following particulars—

(a) the name of the defendant;

(b) the date on which and the place where any relevant conviction occurred;

(d) the grounds on which the application is made; and

(e) an indication of the evidence available to support the application.

[Note. The relevant provisions of the 1988 and 1994 Acts were repealed on 24th March 2003, but they continue to have effect in respect of proceedings for offences committed before that date.]

Application to the Crown Court to discharge or vary order to make material available

56.4

(1) Where an order under section 93H of the Criminal Justice Act 1988[^f00440] (order to make material available) or section 55 of the Drug Trafficking Act 1994[^f00441] (order to make material available) has been made by the Crown Court, any person affected by it may apply in writing to the court officer for the order to be discharged or varied, and on hearing such an application a circuit judge may discharge the order or make such variations to it as he thinks fit.

(2) Subject to paragraph (3), where a person proposes to make an application under paragraph (1) for the discharge or variation of an order, he shall give a copy of the application, not later than 48 hours before the making of the application—

(a) to a constable at the police station specified in the order; or

(b) to the office of the appropriate officer who made the application, as specified in the order,

in either case together with a notice indicating the time and place at which the application for discharge or variation is to be made.

(3) A circuit judge may direct that paragraph (2) need not be complied with if he is satisfied that the person making the application has good reason to seek a discharge or variation of the order as soon as possible and it is not practicable to comply with that paragraph.

(4) In this rule:

‘constable’ includes a person commissioned by the Commissioners for Her Majesty’s Revenue and Customs;

‘police station’ includes a place for the time being occupied by Her Majesty’s Revenue and Customs.

[Note. The relevant provision of the 1988 Act was repealed on 24th February 2003, but it continues to have effect in respect of proceedings for offences committed before that date.]

Application to the Crown Court for increase in term of imprisonment in default of payment

56.5

(1) This rule applies to applications made, or that have effect as made, to the Crown Court under section 10 of the Drug Trafficking Act 1994[^f00442] and section 75A of the Criminal Justice Act 1988[^f00443] (interest on sums unpaid under confiscation orders).

(2) Notice of an application to which this rule applies to increase the term of imprisonment or detention fixed in default of payment of a confiscation order by a person (‘the defendant’) shall be made by the prosecutor in writing to the court officer.

(3) A notice under paragraph (2) shall—

(a) state the name and address of the defendant;

(b) specify the grounds for the application;

(d) include a copy of the confiscation order.

(4) On receiving a notice under paragraph (2), the court officer shall—

(a) forthwith send to the defendant and the magistrates’ court required to enforce payment of the confiscation order under section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000[^f00444], a copy of the said notice; and

(b) notify in writing the applicant and the defendant of the date, time and place appointed for the hearing of the application.

(5) Where the Crown Court makes an order pursuant to an application mentioned in paragraph (1) above, the court officer shall send forthwith a copy of the order—

(a) to the applicant;

(b) to the defendant;

(d) to the magistrates’ court mentioned in paragraph (4)(a).

[Note. The relevant provisions of the 1988 and 1994 Acts were repealed on 24th March 2003, but they continue to have effect in respect of proceedings for offences committed before that date.]

Drug trafficking – compensation on acquittal in the Crown Court

56.6

Where a Crown Court cancels a confiscation order under section 22(2) of the Drug Trafficking Act 1994[^f00445], the court officer shall serve notice to that effect on the High Court and on the magistrates’ court which has responsibility for enforcing the order.

[Note. The relevant provision of the 1994 Act was repealed on 24th March 2003, but it continues to have effect in respect of proceedings for offences committed before that date.)

PART 57 — PROCEEDS OF CRIME ACT 2002: RULES APPLICABLE TO ALL PROCEEDINGS

Contents of this Part

Interpretation	rule 57.1
Calculation of time	rule 57.2
Court office closed	rule 57.3
Application for registration of Scottish or
Northern Ireland order	rule 57.4
Application to vary or set aside registration	rule 57.5
Register of orders	rule 57.6
Statements of truth	rule 57.7
Use of witness statements for other purposes	rule 57.8
Expert evidence	rule 57.9
Exceptions to procedure for expert evidence	rule 57.10
Service of documents	rule 57.11
Service by an alternative method	rule 57.12
Service outside the jurisdiction	rule 57.13
Certificates of service	rule 57.14
External requests and orders	rule 57.15

Interpretation

57.1

In this Part and in Parts 58, 59, 60 and 61:

‘business day’ means any day other than a Saturday, Sunday, Christmas Day or Good Friday, or a bank holiday under the Banking and Financial Dealings Act 1971[^f00446], in England and Wales;

‘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[^f00447];

‘restraint proceedings’ means proceedings under sections 42 and 58(2) and (3) of the Proceeds of Crime Act 2002[^f00448];

‘receivership proceedings’ means proceedings under sections 48, 49, 50, 51, 54(4), 59(2) and (3), 62 and 63 of the 2002 Act[^f00449];

‘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; and words and expressions used have the same meaning as in Part 2 of the 2002 Act.

Calculation of time

57.2

(1) This rule shows how to calculate any period of time for doing any act which is specified by this Part and Parts 58, 59, 60 and 61 for the purposes of any proceedings under Part 2 of the Proceeds of Crime Act 2002 or by an order of the Crown Court in restraint proceedings or receivership proceedings.

(2) A period of time expressed as a number of days shall be computed as clear days.

(3) In this rule ‘clear days’ means that in computing the number of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs,

are not included.

(4) Where the specified period is five days or less and includes a day which is not a business day that day does not count.

Court office closed

57.3

When the period specified by this Part or Parts 58, 59, 60 and 61, or by an order of the Crown Court under Part 2 of the Proceeds of Crime Act 2002, for doing any act at the court office falls on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open.

Application for registration of Scottish or Northern Ireland order

57.4

(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[^f00450].

(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’s 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 57.13 is not required to serve the notice outside England and Wales.

Application to vary or set aside registration

57.5

(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 seven 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.

Register of orders

57.6

(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 57.5 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.

Statements of truth

57.7

(1) Any witness statement required to be served by this Part or by Parts 58, 59, 60 or 61 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.

Use of witness statements for other purposes

57.8

(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

Expert evidence

57.9

(1) A party to proceedings under Part 2 of the Proceeds of Crime Act 2002 who wishes to adduce expert evidence (whether of fact or opinion) in the proceedings must, as soon as practicable—

(a) serve on the other parties a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and

(b) serve on any party who requests it in writing, a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine)—

(i) the record of any observation, test, calculation or other procedure on which the finding or opinion is based, and

(ii) any document or other thing or substance in respect of which the observation, test, calculation or other procedure mentioned in paragraph (1)(b)(i) has been carried out.

(c) A party may serve notice in writing waiving his right to be served with any of the matters mentioned in paragraph (1) and, in particular, may agree that the statement mentioned in paragraph (1)(a) may be given to him orally and not served in writing.

(d) If a party who wishes to adduce expert evidence in proceedings under Part 2 of the 2002 Act fails to comply with this rule he may not adduce that evidence in those proceedings without the leave of the court, except where rule 57.10 applies.

Exceptions to procedure for expert evidence

57.10

(1) If a party has reasonable grounds for believing that the disclosure of any evidence in compliance with rule 57.9 might lead to the intimidation, or attempted intimidation, of any person on whose evidence he intends to rely in the proceedings, or otherwise to the course of justice being interfered with, he shall not be obliged to comply with those requirements in relation to that evidence, unless the Crown Court orders otherwise.

(2) Where, in accordance with paragraph (1), a party considers that he is not obliged to comply with the requirements imposed by rule 57.9 with regard to any evidence in relation to any other party, he must serve notice in writing on that party stating—

(a) that the evidence is being withheld; and

(b) the reasons for withholding the evidence.

Service of documents

57.11

(1) Part 4 and rule 32.1 (notice required to accompany process served outside the United Kingdom and translations) shall not apply in restraint proceedings and receivership proceedings.

(2) Where this Part or Parts 58, 59, 60 or 61 requires service of a document, then, unless the Crown Court directs otherwise, the document may be served by any of the following methods—

(a) in all cases, by delivering the document personally to the party to be served;

(b) if no solicitor is acting for the party to be served by delivering the document at, or by sending it by first class post to, his residence or his last-known residence; or

(i) by delivering the document at, or sending it by first class post to, the solicitor’s business address, or

(ii) where the solicitor’s business address includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents on every business day to that document exchange, or

(iii) if the solicitor has indicated that he is willing to accept service by facsimile transmission, by sending a legible copy of the document by facsimile transmission to the solicitor’s office.

(3) A document shall, unless the contrary is proved, be deemed to have been served—

(a) in the case of service by first class post, on the second business day after posting;

(b) in the case of service in accordance with paragraph (2)(c)(ii), on the second business day after the day on which it is left at the document exchange; and

(c) in the case of service in accordance with paragraph (2)(c)(iii), where it is transmitted on a business day before 4 p.m., on that day and in any other case, on the next business day.

(4) 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 this rule if the Crown Court is satisfied that the person had notice of the order by being present when the order was made.

Service by an alternative method

57.12

(1) Where it appears to the Crown Court that there is a good reason to authorise service by a method not otherwise permitted by rule 57.11, the court may make an order permitting service by an alternative method.

(2) An application for an order permitting service by an alternative method—

(a) must be supported by evidence; and

(b) may be made without notice.

(3) An order permitting service by an alternative method must specify—

(a) the method of service; and

(b) the date when the document will be deemed to be served.

Service outside the jurisdiction

57.13

(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.

Certificates of service

57.14

(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 seven 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 57.12, such other information as the court may require when making the order permitting service by an alternative 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.

External requests and orders

57.15

(1) The rules in this Part and in Parts 59 to 61 and 71 apply with the necessary modifications to proceedings under The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005[^f00451] in the same way that they apply to corresponding proceedings under Part 2 of the Proceeds of Crime Act 2002[^f00452].

(2) This table shows how provisions of the 2005 Order correspond with provisions of the 2002 Act.

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