Legalize / United Kingdom / Statutory-Instrument

The Criminal Procedure Rules 2025

Type Statutory-Instrument

Publication 2025-07-15

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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[Note. Under section 67(8) of the Proceeds of Crime Act 2002⁷⁸⁶, “relevant financial institution” means a bank, a building society, an electronic money institution or a payment institution; “electronic money institution” means an institution or person registered by the Financial Conduct Authority under the Electronic Money Regulations 2011; and “payment institution” means a person registered by that Authority under the Payment Services Regulations 2017.]

Application to realise seized property or to realise or destroy cryptoassets

33.23

(1) This rule applies where a magistrates’ court can make an order—

(a) under section 67A of the Proceeds of Crime Act 2002⁷⁸⁷ authorising the realisation of seized personal property;

(b) under section 67B of the 2002 Act⁷⁸⁸ determining any storage, insurance or realisation costs recoverable by the officer;

(d) under section 67AA of the 2002 Act⁷⁹⁰ authorising the destruction of seized cryptoassets.

(2) An applicant for such an order must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) any person whom the applicant believes would be affected by an order, including (where the application concerns cryptoassets) the UK-connected cryptoasset service provider which administers the crypto wallet in which the cryptoassets are held.

(3) The application must—

(a) specify the property or cryptoassets concerned;

(b) explain the applicant’s entitlement to apply and, as applicable—

(i) how the proposed realisation of personal property meets the conditions prescribed by section 67A of the 2002 Act,

(ii) how any storage, etc. costs have been calculated,

(iii) how the proposed realisation of cryptoassets meets the conditions prescribed by section 67ZA of the 2002 Act, and

(iv) how the proposed destruction of cryptoassets meets the conditions prescribed by section 67AA of the 2002 Act;

(d) propose the terms of the order, including an assessment of the market value of any cryptoassets ordered to be destroyed.

(4) The court may—

(a) determine the application at a hearing, or without a hearing;

(b) consider an application made orally instead of in writing; and

(5) If the court authorises a realisation of personal property or a realisation or destruction of cryptoassets, the applicant must—

(a) notify any person affected by the order who was absent when it was made; and

(b) serve on the court officer a list of those so notified.

[Note. Under sections 67ZA and 67A of the Proceeds of Crime Act 2002, one of the officers listed in section 41A of the Act⁷⁹¹may apply to a magistrates’ court for authority to realise personal property or cryptoassets seized by such an officer if—

(a) a confiscation order has been made against a person who holds that property or those cryptoassets; and

(b) no receiver has been appointed in relation to that property or those cryptoassets.

Appeal about decision on application to realise seized property or to realise or destroy cryptoassets

33.24

(1) This rule applies where on an application under rule 33.23 for an order to realise seized property or to realise or destroy cryptoassets—

(a) a magistrates’ court decides not to make such an order and an officer who is entitled to apply wants to appeal against that decision to the Crown Court, under section 67C(1) of the Proceeds of Crime Act 2002⁷⁹⁴;

(b) a magistrates’ court makes such an order and a person who is affected by that decision, other than the defendant against whom the confiscation order was made, wants to appeal against it to the Crown Court, under section 67C(2) of the 2002 Act; or

(c) a magistrates’ court makes a decision about storage, etc. costs and an officer who is entitled to apply wants to appeal against that decision to the Crown Court, under section 67C(4) of the 2002 Act.

(2) The appellant must serve an appeal notice—

(a) on the Crown Court officer and on any other party; and

(b) not more than 15 business days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 33.23(5).

(3) The appeal notice must—

(a) specify the decision under appeal;

(b) where paragraph (1)(a) applies, explain why the property should be realised; and

(4) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 67C of the Proceeds of Crime Act 2002⁷⁹⁵, an officer entitled to apply for an order under section 67ZA, 67A, 67AA or 67B of that Act (authority to realise seized property or requirement to realise cryptoassets towards satisfaction of a confiscation order; authority to destroy cryptoassets; determination of storage, etc. costs) may appeal against a refusal to make an order, or against a costs determination; and a person affected by an order, other than the owner defendant against whom the confiscation order was made, may appeal against the order.]

Application for direction about surplus proceeds

33.25

(1) This rule applies where—

(a) on an application under rule 33.23, a magistrates’ court has made an order authorising the realisation of personal property or requiring the realisation of cryptoassets;

(b) an officer holds proceeds of that realisation;

(d) the officer, or a person who had or has an interest in the property or cryptoassets represented by the proceeds, wants a magistrates’ court or the Crown Court to determine under section 67D of the Proceeds of Crime Act 2002⁷⁹⁶—

(i) to whom the remaining proceeds should be paid, and

(ii) in what amount or amounts.

(2) Such a person must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) as appropriate, the officer holding the proceeds, or any person to whom such proceeds might be paid.

(3) The application must—

(a) specify the property or cryptoassets realised;

(b) explain the applicant’s entitlement to apply;

(d) attach any material on which the applicant relies; and

(e) 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,

(ii) the applicant, and

(iii) any other person to whom proceeds might be paid;

(b) do so as soon as reasonably practicable after service of the application;

(d) ask for a hearing, if that person wants one, and explain why it is needed.

(5) The court—

(a) must not determine the application unless the applicant and each person on whom it was served—

(i) is present, or

(ii) has had an opportunity to attend or to make representations; but

(b) subject to that, may determine the application—

(i) at a hearing (which must be in private unless the court otherwise directs), or without a hearing, and

(ii) in the absence of any party to the application.

[Note. Under section 67D of the Proceeds of Crime Act 2002, a magistrates’ court or the Crown Court may determine to whom, and in what proportions, any surplus proceeds of realisation must be distributed. Once a magistrates’ court has made such a determination, the Crown Court may not do so, and vice versa.]

SEIZURE AND DETENTION PROCEEDINGS

Application for approval to seize property or to search

33.26

(1) This rule applies where an officer wants the approval of a magistrates’ court under section 47G of the Proceeds of Crime Act 2002⁷⁹⁷—

(a) under section 47C of that Act⁷⁹⁸, to seize—

(i) realisable property which is not cash or exempt property, or

(ii) any free property which is a cryptoasset-related item; or

(b) to search premises or a person or vehicle for property to be seized, under section 47D, 47E or 47F of that Act⁷⁹⁹.

(2) Such an officer must—

(a) apply in writing; and

(b) serve the application on the court officer.

(3) The application must—

(a) explain—

(i) the applicant’s entitlement to apply, and

(ii) how the proposed seizure meets the conditions prescribed by sections 47B, 47C and, if applicable, 47D, 47E or 47F of the 2002 Act⁸⁰⁰;

(b) if applicable, specify any premises, person or vehicle to be searched;

(d) propose the terms in which the applicant wants the court to give its approval.

(4) The court—

(a) must determine the application—

(i) at a hearing, which must be in private unless the court otherwise directs, and

(ii) in the applicant’s presence; but

(b) may consider an application made orally instead of in writing.

[Note. Under section 47C of the Proceeds of Crime Act 2002, if any of the conditions listed in section 47B of the Act are met then one of the officers listed in section 47A⁸⁰¹may seize—

(a) realisable property other than cash or exempt property as defined in section 47C, if the officer has reasonable grounds for suspecting that—

(i) the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against a defendant; or

(ii) the value of the property may otherwise be diminished as a result of conduct by the defendant or any other person; and

(b) any free property if the officer has reasonable grounds for suspecting that it is a cryptoasset-related item as defined in section 47C.

Application to extend detention period

33.27

(1) This rule applies where an officer who is entitled to apply, or the prosecutor, wants a magistrates’ court to make an order, under section 47M of the Proceeds of Crime Act 2002⁸⁰³, extending the period for which seized property may be detained.

(2) Such an officer or prosecutor must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) any person whom the applicant believes would be affected by an order.

(3) The application must—

(a) specify—

(i) the property to be detained, and

(ii) whether the applicant wants it to be detained for a specified period or indefinitely;

(b) explain—

(i) the applicant’s entitlement to apply, and

(ii) how the proposed detention meets the conditions prescribed by section 47M of the 2002 Act;

(d) propose the terms of the order.

(4) The court—

(a) must determine the application—

(i) at a hearing, which must be in private unless the court otherwise directs, and

(ii) in the applicant’s presence; but

(b) may—

(i) consider an application made orally instead of in writing,

(ii) require service of the application on the court officer after it has been heard, instead of before.

(5) If the court extends the period for which the property may be detained, the applicant must—

(a) notify any person affected by the order who was absent when it was made; and

(b) serve on the court officer a list of those so notified.

[Note. Under section 47M of the Proceeds of Crime Act 2002, one of the officers listed in that section, or the prosecutor, may apply to a magistrates’ court for an order extending the period of 48 hours for which, under section 47J of the Act⁸⁰⁴, property seized under section 47C may be detained.

Application to vary or discharge order for extended detention

33.28

(1) This rule applies where an officer who is entitled to apply, the prosecutor, or a person affected by an order to which rule 33.27 applies, wants a magistrates’ court to vary or discharge that order, under section 47N of the Proceeds of Crime Act 2002⁸⁰⁶.

(2) Such a person must—

(a) apply in writing; and

(b) serve the application on—

(i) the court officer, and

(ii) as appropriate, the applicant for the order, or any person affected by the order.

(3) The application must—

(a) specify the order and the property detained;

(b) explain—

(i) the applicant’s entitlement to apply,

(ii) why it is appropriate for the order to be varied or discharged,

(iii) if applicable, on what grounds the court must discharge the order;

(d) if applicable, propose the terms of any variation; and

(e) 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;

(d) ask for a hearing, if that person wants one, and explain why it is needed.

(5) The court—

(a) must not determine the application unless the applicant and each person on whom it was served—

(i) is present, or

(ii) has had an opportunity to attend or to make representations; but

(b) subject to that, may determine the application—

(i) at a hearing (which must be in private unless the court otherwise directs), or without a hearing,

(ii) in the absence of any party to the application.

[Note. Under section 47N of the Proceeds of Crime Act 2002, one of the officers listed in section 47M of the Act, the prosecutor, or a person affected by an order under section 47M, may apply to a magistrates’ court for the order to be varied or discharged. Section 47N(3) lists the circumstances in which the court must discharge such an order.

Appeal about property detention decision

33.29

(1) This rule applies where—

(a) on an application under rule 33.27 for an order extending the period for which property may be detained—

(i) a magistrates’ court decides not to make such an order, and

(ii) an officer who is entitled to apply for such an order, or the prosecutor, wants to appeal against that decision to the Crown Court under section 47O(1) of the Proceeds of Crime Act 2002⁸⁰⁷; or

(b) on an application under rule 33.28 to vary or discharge an order under rule 33.27—

(i) a magistrates’ court determines the application, and

(ii) a person who is entitled to apply under that rule wants to appeal against that decision to the Crown Court under section 47O(2) of the 2002 Act.

(2) The appellant must serve an appeal notice—

(a) on the Crown Court officer and on any other party; and

(b) not more than 15 business days after the magistrates’ court’s decision, or, if applicable, service of notice under rule 33.27(5).

(3) The appeal notice must—

(a) specify the decision under appeal;

(b) where paragraph (1)(a) applies, explain why the detention period should be extended; and

(4) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. Under section 47O of the Proceeds of Crime Act 2002, one of those entitled to apply for an order under section 47M of that Act (extension of detention of property) may appeal against a refusal to make an order, and one of those entitled to apply for the variation or discharge of such an order, under section 47N of that Act, may appeal against the decision on such an application.

RESTRAINT AND RECEIVERSHIP PROCEEDINGS: RULES THAT APPLY GENERALLY

Taking control of goods and forfeiture

33.30

(1) This rule applies to applications under sections 58(2) and (3) and 59(2) and (3) of the Proceeds of Crime Act 2002⁸⁰⁸ for leave of the Crown Court to take control of goods or levy distress against property, or to exercise a right of forfeiture by peaceable re-entry in relation to a tenancy, in circumstances where the property or tenancy is the subject of a restraint order or a receiver has been appointed in respect of the property or tenancy.

(2) The application must be made in writing to the Crown Court.

(3) The application must be served on—

(a) the person who applied for the restraint order or the order appointing the receiver; and

(b) any receiver appointed in respect of the property or tenancy,

at least 5 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

Joining of applications

33.31

An application for the appointment of a management receiver or enforcement receiver under rule 33.50 may be joined with—

(a) an application for a restraint order under rule 33.45; and

(b) an application for the conferral of powers on the receiver under rule 33.51.

Applications to be dealt with in writing

33.32

Applications in restraint proceedings and receivership proceedings are to be dealt with without a hearing, unless the Crown Court orders otherwise.

Business in chambers

33.33

Restraint proceedings and receivership proceedings may be heard in chambers.

Power of court to control evidence

33.34

(1) When hearing restraint proceedings and receivership proceedings, the Crown Court may control the evidence by giving directions as to—

(a) the issues on which it requires evidence;

(b) the nature of the evidence which it requires to decide those issues; and

(2) The court may use its power under this rule to exclude evidence that would otherwise be admissible.

(3) The court may limit cross-examination in restraint proceedings and receivership proceedings.

Evidence of witnesses

33.35

(1) The general rule is that, unless the Crown Court orders otherwise, any fact which needs to be proved in restraint proceedings or receivership proceedings by the evidence of a witness is to be proved by their evidence in writing.

(2) Where evidence is to be given in writing under this rule, any party may apply to the Crown Court for permission to cross-examine the person giving the evidence.

(3) If the Crown Court gives permission under paragraph (2) but the person in question does not attend as required by the order, his evidence may not be used unless the court gives permission.

Witness summons

33.36

(1) Any party to restraint proceedings or receivership proceedings may apply to the Crown Court to issue a witness summons requiring a witness to—

(a) attend court to give evidence; or

(b) produce documents to the court.

(2) Rule 17.3 (Application for summons, warrant or order: general rules) applies to an application under this rule as it applies to an application under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965⁸⁰⁹.

Hearsay evidence

33.37

Section 2(1) of the Civil Evidence Act 1995⁸¹⁰ (duty to give notice of intention to rely on hearsay evidence) does not apply to evidence in restraint proceedings and receivership proceedings.

Disclosure and inspection of documents

33.38

(1) This rule applies where, in the course of restraint proceedings or receivership proceedings, an issue arises as to whether property is realisable property.

(2) The Crown Court may make an order for disclosure of documents.

(3) Part 31 of the Civil Procedure Rules 1998⁸¹¹ as amended from time to time shall have effect as if the proceedings were proceedings in the High Court.

Court documents

33.39

(1) Any order which the Crown Court issues in restraint proceedings or receivership proceedings must—

(a) state the name and judicial title of the person who made it;

(b) bear the date on which it is made; and

(2) The Crown Court may place the seal on the order—

(a) by hand; or

(b) by printing a facsimile of the seal on the order whether electronically or otherwise.

(3) A document purporting to bear the court’s seal shall be admissible in evidence without further proof.

33.40

(1) This rule applies where all the parties to restraint proceedings or receivership proceedings agree the terms in which an order should be made.

(2) Any party may apply for a judgment or order in the terms agreed.

(3) The Crown Court may deal with an application under paragraph (2) without a hearing.

(4) Where this rule applies—

(a) the order which is agreed by the parties must be drawn up in the terms agreed;

(b) it must be expressed as being ‘By Consent’; and

(c) it must be signed by the legal representative acting for each of the parties to whom the order relates or by the party if he is a litigant in person.

(5) Where an application is made under this rule, then the requirements of any other rule as to the procedure for making an application do not apply.

Slips and omissions

33.41

(1) The Crown Court may at any time correct an accidental slip or omission in an order made in restraint proceedings or receivership proceedings.

(2) A party may apply for a correction without notice.

Supply of documents from court records

33.42

(1) No document relating to restraint proceedings or receivership proceedings may be supplied from the records of the Crown Court for any person to inspect or copy unless the Crown Court grants permission.

(2) An application for permission under paragraph (1) must be made on notice to the parties to the proceedings.

Disclosure of documents in criminal proceedings

33.43

(1) This rule applies where—

(a) proceedings for an offence have been started in the Crown Court and the defendant has not been either convicted or acquitted on all counts; and

(b) an application for a restraint order under section 42(1) of the Proceeds of Crime Act 2002 has been made.

(2) The judge presiding at the proceedings for the offence may be supplied from the records of the Crown Court with documents relating to restraint proceedings and any receivership proceedings.

(3) Such documents must not otherwise be disclosed in the proceedings for the offence.

Preparation of documents

33.44

(1) Every order in restraint proceedings or receivership proceedings must be drawn up by the Crown Court unless—

(a) the Crown Court orders a party to draw it up;

(b) a party, with the permission of the Crown Court, agrees to draw it up; or

(2) The Crown Court may direct that—

(a) an order drawn up by a party must be checked by the Crown Court before it is sealed; or

(b) before an order is drawn up by the Crown Court, the parties must lodge an agreed statement of its terms.

(3) Where an order is to be drawn up by a party—

(a) he must lodge it with the Crown Court no later than 5 business days after the date on which the court ordered or permitted him to draw it up so that it can be sealed by the Crown Court; and

(b) if he fails to lodge it within that period, any other party may draw it up and lodge it.

(4) Nothing in this rule shall require the Crown Court to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for some other similar reason.

RESTRAINT PROCEEDINGS

Application for restraint order or ancillary order

33.45

(1) This rule applies where the prosecutor, or an accredited financial investigator, makes an application under section 42 of the Proceeds of Crime Act 2002⁸¹² for—

(a) a restraint order, under section 41(1) of the 2002 Act; or

(b) an ancillary order, under section 41(7) of that Act, for the purpose of ensuring that a restraint order is effective.

(2) The application may be made without notice if the application is urgent or if there are reasonable grounds for believing that giving notice would cause the dissipation of realisable property which is the subject of the application.

(3) An application for a restraint order must be in writing and supported by a witness statement which must—

(a) give the grounds for the application;

(b) to the best of the witness’ ability, give full details of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

(4) An application for an ancillary order must be in writing and supported by a witness statement which must—

(a) give the grounds for, and full details of, the application;

(b) include, if appropriate—

(i) any request for an order for disclosure of documents to which rule 33.38 applies (Disclosure and inspection of documents),

(ii) the identity of any person whom the applicant wants the court to examine about the extent or whereabouts of realisable property,

(iii) a list of the main questions that the applicant wants to ask any such person, and

(iv) a list of any documents to which the applicant wants to refer such a person; and

(5) An application for a restraint order and an application for an ancillary order may (but need not) be made at the same time and contained in the same documents.

(6) An application by an accredited financial investigator must include a statement that, under section 68 of the 2002 Act⁸¹³, the applicant has authority to apply.

Restraint and ancillary orders

33.46

(1) The Crown Court may make a restraint order subject to exceptions, including, but not limited to, exceptions for reasonable living expenses and reasonable legal expenses, and for the purpose of enabling any person to carry on any trade, business or occupation.

(2) But the Crown Court must not make an exception for legal expenses where this is prohibited by section 41(4) of the Proceeds of Crime Act 2002.

(3) An exception to a restraint order may be made subject to conditions.

(4) The Crown Court must not require the applicant for a restraint order to give any undertaking relating to damages sustained as a result of the restraint order by a person who is prohibited from dealing with realisable property by the restraint order.

(5) The Crown Court may require the applicant for a restraint order to give an undertaking to pay the reasonable expenses of any person, other than a person who is prohibited from dealing with realisable property by the restraint order, which are incurred in complying with the restraint order.

(6) An order must include a statement that disobedience of the order, either by a person to whom the order is addressed, or by another person, may be contempt of court and the order must include details of the possible consequences of being held in contempt of court.

(7) Unless the Crown Court otherwise directs, an order made without notice has effect until the court makes an order varying or discharging it.

(8) The applicant for an order must—

(a) serve copies of the order and of the witness statement made in support of the application on the defendant and any person who is prohibited by the order from dealing with realisable property; and

(b) notify any person whom the applicant knows to be affected by the order of its terms.

Application for discharge or variation of restraint or ancillary order by a person affected by the order

33.47

(1) This rule applies where a person affected by a restraint order makes an application to the Crown Court under section 42(3) of the Proceeds of Crime Act 2002 to discharge or vary the restraint order or any ancillary order made under section 41(7) of the Act.

(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 and any witness statement must be served on the person who applied for the restraint order and any person who is prohibited from dealing with realisable property by the restraint order (if he is not the person making the application) at least 2 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(5) Where the application is for the Crown Court to make or vary an exception for the applicant’s reasonable living expenses it must include—

(a) details of the applicant’s current income and expenditure, with evidence of each item; and

(b) representations about proposed expenditure that include—

(i) the applicant’s previous standard of living and usual expenditure;

(ii) the possibility that the expenditure might maintain or improve the value of assets available to meet a confiscation order,

(iii) the possibility that the expenditure might reduce the value of such assets to less than the likely value of a confiscation order,

(iv) the likely duration of the restraint order, and

(v) the overall total of proposed expenditure.

Application for variation of restraint or ancillary order by the person who applied for the order

33.48

(1) This rule applies where the applicant for a restraint order makes an application under section 42(3) of the Proceeds of Crime Act 2002 to the Crown Court to vary the restraint order or any ancillary order made under section 41(7) of the 2002 Act (including where the court has already made a restraint order and the applicant is seeking to vary the order in order to restrain further realisable property).

(2) The application may be made without notice if the application is urgent or if there are reasonable grounds for believing that giving notice would cause the dissipation of realisable property which is the subject of the application.

(3) The application must be in writing and must be supported by a witness statement which must—

(a) give the grounds for the application;

(b) where the application is for the inclusion of further realisable property in a restraint order give full details, to the best of the witness’ ability, of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

(i) any request for an order for disclosure of documents to which rule 33.38 applies (Disclosure and inspection of documents),

(ii) the identity of any person whom the applicant wants the court to examine about the extent or whereabouts of realisable property,

(iii) a list of the main questions that the applicant wants to ask any such person, and

(iv) a list of any documents to which the applicant wants to refer such a person; and

(d) include the proposed terms of the variation.

(4) An application by an accredited financial investigator must include a statement that, under section 68 of the 2002 Act, the applicant has authority to apply.

(5) The application and witness statement must be lodged with the Crown Court.

(6) Except where, under paragraph (2), notice of the application is not required to be served, the application and witness statement must be served on any person who is prohibited from dealing with realisable property by the restraint order at least 2 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(7) If the court makes an order for the variation of a restraint or ancillary order, the applicant must serve copies of the order and of the witness statement made in support of the application on—

(a) the defendant;

(b) any person who is prohibited from dealing with realisable property by the restraint order (whether before or after the variation); and

Application for discharge of restraint or ancillary order by the person who applied for the order

33.49

(1) This rule applies where the applicant for a restraint order makes an application under section 42(3) of the Proceeds of Crime Act 2002 to discharge the order or any ancillary order made under section 41(7) of the 2002 Act.

(2) The application may be made without notice.

(3) The application must be in writing and must state the grounds for the application.

(4) If the court makes an order for the discharge of a restraint or ancillary order, the applicant must serve copies of the order on—

(a) the defendant;

(b) any person who is prohibited from dealing with realisable property by the restraint order (whether before or after the discharge); and

RECEIVERSHIP PROCEEDINGS

Application for appointment of a management or an enforcement receiver

33.50

(1) This rule applies to an application for the appointment of a management receiver under section 48(1) of the Proceeds of Crime Act 2002⁸¹⁴ and an application for the appointment of an enforcement receiver under section 50(1) of the 2002 Act.

(2) The application may be made without notice if—

(a) the application is joined with an application for a restraint order under rule 33.45 (Application for restraint order or ancillary order);

(b) the application is urgent; or

(c) there are reasonable grounds for believing that giving notice would cause the dissipation of realisable property which is the subject of the application.

(3) The application must be in writing and must be supported by a witness statement which must—

(a) give the grounds for the application;

(b) give full details of the proposed receiver;

(c) to the best of the witness’ ability, give full details of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

(d) where the application is made by an accredited financial investigator, include a statement that, under section 68 of the 2002 Act, the applicant has authority to apply; and

(e) if the proposed receiver is not a person falling within section 55(8) of the 2002 Act⁸¹⁵ and the applicant is asking the court to allow the receiver to act—

(i) without giving security, or

(ii) before he has given security or satisfied the court that he has security in place,

explain the reasons why that is necessary.

(4) Where the application is for the appointment of an enforcement receiver, the applicant must provide the Crown Court with a copy of the confiscation order made against the defendant.

(5) The application and witness statement must be lodged with the Crown Court.

(6) Except where, under paragraph (2), notice of the application is not required to be served, the application and witness statement must be lodged with the Crown Court and served on—

(a) the defendant;

(b) any person who holds realisable property to which the application relates; and

at least 5 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(7) If the court makes an order for the appointment of a receiver, the applicant must serve copies of the order and of the witness statement made in support of the application on—

(a) the defendant;

(b) any person who holds realisable property to which the order applies; and

Application for conferral of powers on a management receiver or an enforcement receiver

33.51

(1) This rule applies to an application for the conferral of powers on a management receiver under section 49(1) of the Proceeds of Crime Act 2002 or an enforcement receiver under section 51(1) of the 2002 Act.

(2) The application may be made without notice if the application is to give the receiver power to take possession of property and—

(a) the application is joined with an application for a restraint order under rule 33.45 (Application for restraint order or ancillary order);

(b) the application is urgent; or

(c) there are reasonable grounds for believing that giving notice would cause the dissipation of the property which is the subject of the application.

(3) The application must be made in writing and supported by a witness statement which must—

(a) give the grounds for the application;

(b) give full details of the realisable property in respect of which the applicant is seeking the order and specify the person holding that realisable property;

(c) where the application is made by an accredited financial investigator, include a statement that, under section 68 of the 2002 Act, the applicant has authority to apply; and

(d) where the application is for power to start, carry on or defend legal proceedings in respect of the property, explain—

(i) what proceedings are concerned, in what court, and

(ii) what powers the receiver will ask that court to exercise.

(4) Where the application is for the conferral of powers on an enforcement receiver, the applicant must provide the Crown Court with a copy of the confiscation order made against the defendant.

(5) The application and witness statement must be lodged with the Crown Court.

(6) Except where, under paragraph (2), notice of the application is not required to be served, the application and witness statement must be served on—

(a) the defendant;

(b) any person who holds realisable property in respect of which a receiver has been appointed or in respect of which an application for a receiver has been made;

(d) the receiver (if one has already been appointed),

at least 5 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(7) If the court makes an order for the conferral of powers on a receiver, the applicant must serve copies of the order on—

(a) the defendant;

(b) any person who holds realisable property in respect of which the receiver has been appointed; and

Applications for discharge or variation of receivership orders, and applications for other orders

33.52

(1) This rule applies to applications under section 62(3) of the Proceeds of Crime Act 2002 for orders (by persons affected by the action of receivers) and applications under section 63(1) of the 2002 Act⁸¹⁶ for the discharge or variation of orders relating to receivers.

(2) The application must be made in writing and lodged with the Crown Court.

(3) The application must be served on the following persons (except where they are the person making the application)—

(a) the person who applied for appointment of the receiver;

(b) the defendant;

(d) the receiver; and

(e) any other person whom the applicant knows to be affected by the application,

at least 5 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(4) If the court makes an order for the discharge or variation of an order relating to a receiver under section 63(2) of the 2002 Act, the applicant must serve copies of the order on any persons whom he knows to be affected by the order.

Sums in the hands of receivers

33.53

(1) This rule applies where the amount payable under a confiscation order has been fully paid and any sums remain in the hands of an enforcement receiver.

(2) The receiver must make an application to the Crown Court for directions as to the distribution of the sums in his hands.

(3) The application and any evidence which the receiver intends to rely on in support of the application must be served on—

(a) the defendant; and

(b) any other person who held (or holds) interests in any property realised by the receiver,

at least 5 business days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(4) If any of the provisions listed in paragraph (5) (provisions as to the vesting of funds in a trustee in bankruptcy) apply, then the Crown Court must make a declaration to that effect.

(5) These are the provisions—

(a) section 82 of the Bankruptcy (Scotland) Act 2016⁸¹⁷;

(b) section 306B of the Insolvency Act 1986⁸¹⁸; and

Security

33.54

(1) This rule applies where the Crown Court appoints a receiver under section 48 or 50 of the Proceeds of Crime Act 2002 and the receiver is not a person falling within section 55(8) of the 2002 Act⁸²⁰ (and it is immaterial whether the receiver is a permanent or temporary member of staff or on secondment from elsewhere).

(2) The Crown Court may direct that before the receiver begins to act, or within a specified time, he must either—

(a) give such security as the Crown Court may determine; or

(b) file with the Crown Court and serve on all parties to any receivership proceedings evidence that he already has in force sufficient security,

to cover his liability for his acts and omissions as a receiver.

(3) The Crown Court may terminate the appointment of a receiver if he fails to—

(a) give the security; or

(b) satisfy the court as to the security he has in force,

by the date specified.

Remuneration

33.55

(1) This rule applies where the Crown Court appoints a receiver under section 48 or 50 of the Proceeds of Crime Act 2002 and the receiver is not a person falling within section 55(8) of the 2002 Act (and it is immaterial whether the receiver is a permanent or temporary member of staff or on secondment from elsewhere).

(2) The receiver may only charge for his services if the Crown Court—

(a) so directs; and

(b) specifies the basis on which the receiver is to be remunerated.

(3) Unless the Crown Court orders otherwise, in determining the remuneration of the receiver, the Crown Court shall award such sum as is reasonable and proportionate in all the circumstances and which takes into account—

(a) the time properly given by him and his staff to the receivership;

(b) the complexity of the receivership;

(d) the effectiveness with which the receiver appears to be carrying out, or to have carried out, his duties; and

(e) the value and nature of the subject matter of the receivership.

(4) The Crown Court may refer the determination of a receiver’s remuneration to be ascertained by the taxing authority of the Crown Court and rules 45.11 (Assessment and re-assessment) to 45.14 (Application for an extension of time) shall have effect as if the taxing authority was ascertaining costs.

(5) A receiver appointed under section 48 of the 2002 Act is to receive his remuneration by realising property in respect of which he is appointed, in accordance with section 49(2)(d) of the 2002 Act.

(6) A receiver appointed under section 50 of the 2002 Act is to receive his remuneration by applying to the magistrates’ court officer for payment under section 55(4)(b) of the 2002 Act⁸²¹.

Accounts

33.56

(1) The Crown Court may order a receiver appointed under section 48 or 50 of the Proceeds of Crime Act 2002 to prepare and serve accounts.

(2) A party to receivership proceedings served with such accounts may apply for an order permitting him to inspect any document in the possession of the receiver relevant to those accounts.

(3) Any party to receivership proceedings may, within 10 business days of being served with the accounts, serve notice on the receiver—

(a) specifying any item in the accounts to which he objects;

(b) giving the reason for such objection; and

(i) to notify all the parties who were served with the accounts that he accepts the objection, or

(ii) if he does not accept the objection, to apply for an examination of the accounts in relation to the contested item.

(4) When the receiver applies for the examination of the accounts he must at the same time lodge with the Crown Court—

(a) the accounts; and

(b) a copy of the notice served on him under paragraph (3).

(5) If the receiver fails to comply with paragraph (3)(c) of this rule, any party to receivership proceedings may apply to the Crown Court for an examination of the accounts in relation to the contested item.

(6) At the conclusion of its examination of the accounts the court must certify the result.

Non-compliance by receiver

33.57

(1) If a receiver appointed under section 48 or 50 of the Proceeds of Crime Act 2002 fails to comply with any rule, practice direction or direction of the Crown Court, the Crown Court may order him to attend a hearing to explain his non-compliance.

(2) At the hearing, the Crown Court may make any order it considers appropriate, including—

(a) terminating the appointment of the receiver;

(b) reducing the receiver’s remuneration or disallowing it altogether; and

PROCEEDINGS UNDER THE CRIMINAL JUSTICE ACT 1988 AND THE DRUG TRAFFICKING ACT 1994

[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.]

Statements, etc. relevant to making confiscation orders

33.58

(1) Where a prosecutor or defendant―

(a) serves on the magistrates’ court officer any statement or other document under section 73 of the Criminal Justice Act 1988⁸²² in any proceedings in respect of an offence listed in Schedule 4 to that Act; or

(b) serves on the Crown Court officer any statement or other document under section 11 of the Drug Trafficking Act 1994⁸²³ 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,

that party 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 must 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 any 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 in writing the extent to which he or she accepts any allegation contained within the prosecutor’s statement, the defendant must serve a copy of that reply on the court officer.

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

Postponed determinations

33.59

(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 1988⁸²⁴ 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 1994⁸²⁵ 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 in writing and the applicant must serve a copy on the prosecutor or the defendant, as the case may be.

(2) A party served with a copy of an application under paragraph (1) must, within 20 business days of the date of service, notify the applicant and the court officer, in writing, whether or not that party opposes the application, giving reasons for any opposition.

(3) After the expiry of the period referred to in paragraph (2), the court may determine an application under paragraph (1)—

(a) without a hearing; or

(b) at a hearing at which the parties may be represented.

Confiscation orders - revised assessments

33.60

(1) Where the prosecutor or a receiver makes an application under section 13, 14, 15, 16 or 17 of the Drug Trafficking Act 1994⁸²⁶ or section 74A, 74B, 74C or 83 of the Criminal Justice Act 1988⁸²⁷, 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;

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

(f) a copy of any certificate issued by the High Court.

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

33.61

(1) Where an order under section 93H of the Criminal Justice Act 1988⁸²⁸ (order to make material available) or section 55 of the Drug Trafficking Act 1994⁸²⁹ (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 the court may discharge the order or make such variations to it as the court 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, that person must 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) The court may direct that paragraph (2) need not be complied with if 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.

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

33.62

(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 1994⁸³⁰ and section 75A of the Criminal Justice Act 1988⁸³¹ (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’) must 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 must—

(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 2000⁸³², 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 must send forthwith a copy of the order—

(a) to the applicant;

(b) to the defendant;

(c) where the defendant is at the time of the making of the order in custody, to the person having custody of him or her; and

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

Drug trafficking – compensation on acquittal in the Crown Court

33.63

Where the Crown Court cancels a confiscation order under section 22(2) of the Drug Trafficking Act 1994⁸³³, the Crown Court officer must serve notice to that effect on the High Court officer and on the court officer of the magistrates’ court which has responsibility for enforcing the order.

CONTEMPT PROCEEDINGS

Application to punish for contempt of court

33.64

(1) This rule applies where a person is accused of disobeying—

(a) a compliance order made for the purpose of ensuring that a confiscation order is effective;

(b) a restraint order; or

(2) An applicant who wants the Crown Court to exercise its power to punish that person for contempt of court must comply with the rules in Part 48 (Contempt of court).

[Note. The Crown Court has inherent power to punish for contempt of court a person who disobeys its order: see section 45 of the Senior Courts Act 1981⁸³⁴.]

PART 34 — APPEAL TO THE CROWN COURT

Contents of this Part

When this Part applies	rule 34.1
Service of appeal and respondent’s notices	rule 34.2
Form of appeal and respondent’s notices	rule 34.3
Duty of magistrates’ court officer	rule 34.4
Duty of person keeping exhibit	rule 34.5
Reference by the Criminal Cases Review Commission	rule 34.6
Preparation for appeal	rule 34.7
Hearings and decisions	rule 34.8
Abandoning an appeal	rule 34.9
Court’s power to vary requirements under this Part	rule 34.10
Constitution of the Crown Court	rule 34.11

When this Part applies

34.1

(1) This Part applies where—

(a) a defendant wants to appeal under—

(i) section 108 of the Magistrates’ Courts Act 1980⁸³⁵,

(ii) section 45 of the Mental Health Act 1983⁸³⁶,

(iii) section 42 of the Counter Terrorism Act 2008⁸³⁷, or

(iv) paragraph 10 of Schedule 5, paragraph 6(11) or 21(6) of Schedule 7, or paragraph 10(11), 14(8) or 23(6) of Schedule 10 to the Sentencing Act 2020⁸³⁸;

(b) the Criminal Cases Review Commission refers a defendant’s case to the Crown Court under section 11 of the Criminal Appeal Act 1995⁸³⁹;

(i) section 14A(5A) of the Football Spectators Act 1989⁸⁴⁰, or

(ii) section 147(3) of the Customs and Excise Management Act 1979⁸⁴¹; or

(d) a person wants to appeal under—

(i) section 1 of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956⁸⁴²,

(ii) section 12(5) of the Contempt of Court Act 1981⁸⁴³,

(iii) regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986⁸⁴⁴,

(iv) section 22 of the Football Spectators Act 1989⁸⁴⁵,

(v) section 10 of the Crime and Disorder Act 1998⁸⁴⁶,

(vi) section 28(5)(b) of the Offensive Weapons Act 2019⁸⁴⁷,

(vii) section 366(9) of the Sentencing Act 2020,

(viii) section 342I(2) of the 2020 Act⁸⁴⁸, or

(ix) section 46(5) of the Domestic Abuse Act 2021⁸⁴⁹.

(2) A reference to an ‘appellant’ in this Part is a reference to such a party or person.

[Note. An appeal to the Crown Court is by way of re-hearing: see section 79(3) of the Senior Courts Act 1981⁸⁵⁰. For the powers of the Crown Court on an appeal, see section 48 of that Act.

Service of appeal and respondent’s notices

34.2

(1) An appellant must serve an appeal notice—

(a) in every case, on the magistrates’ court officer;

(b) on the prosecutor, where the defendant is the appellant; and

(2) The appellant must serve the appeal notice—

(a) as soon after the decision appealed against as the appellant wants; but

(b) not more than 15 business days after—

(i) sentence, the date sentence is deferred or the date of committal for sentence, whichever is earlier, if the appeal is against conviction or against a finding of guilt,

(ii) sentence, if the appeal is against sentence, or

(iii) the order or failure to make an order about which the appellant wants to appeal, in any other case.

(3) The appellant must serve with the appeal notice any application for the following, with reasons—

(a) an extension of the time limit under this rule, if the appeal notice is late;

(b) bail pending appeal, if the appellant is in custody; or

(c) the suspension of any disqualification imposed or order made in the case, where the magistrates’ court or the Crown Court can order such a suspension pending appeal.

(4) Where both the magistrates’ court and the Crown Court can grant bail or suspend a disqualification or order pending appeal, an application must indicate by which court the appellant wants the application determined.

(5) Where the appeal is against conviction or against a finding of guilt, unless the respondent agrees that the court should allow the appeal—

(a) the respondent must serve a respondent’s notice on—

(i) the Crown Court officer; and

(ii) the appellant; and

(b) the respondent must serve that notice not more than 15 business days after service of the appeal notice.

(6) Where the appeal is about the variation or discharge of a domestic abuse protection order, the magistrates’ court officer must serve the appeal notice on—

(a) the defendant, unless the defendant is the appellant;

(b) each relevant Chief Officer of Police who is not the appellant; and

[Note. Under sections 4 and 5 of the Sentencing Act 2020⁸⁵², a magistrates’ court may defer passing sentence for up to 6 months.

Form of appeal and respondent’s notices

34.3

(1) The appeal notice must—

(a) specify—

(i) the conviction or finding of guilt,

(ii) the sentence, or

(iii) the order, or the failure to make an order

about which the appellant wants to appeal;

(b) summarise the issues;

(c) in an appeal against conviction or against a finding of guilt, to the best of the appellant’s ability and to assist the court in fulfilling its duty under rule 3.2 (the court’s duty of case management)—

(i) identify the witnesses who gave oral evidence in the magistrates’ court,

(ii) identify the witnesses who gave written evidence in the magistrates’ court,

(iii) identify the prosecution witnesses whom the appellant will want to question if they are called to give oral evidence in the Crown Court,

(iv) identify the likely defence witnesses,

(v) give notice of any special arrangements or other measures that the appellant thinks are needed for witnesses,

(vi) explain whether the issues in the Crown Court differ from the issues in the magistrates’ court, and if so how, and

(vii) say how long the trial lasted in the magistrates’ court and how long the appeal is likely to last in the Crown Court;

(d) in an appeal against a sentence, order or failure to make an order—

(i) identify any circumstances, report or other information of which the appellant wants the court to take account, and

(ii) explain the significance of those circumstances or that information to what is in issue;

(e) in an appeal against a finding that the appellant insulted someone or interrupted proceedings in the magistrates’ court, attach—

(i) the magistrates’ court’s written findings of fact, and

(ii) the appellant’s response to those findings;

(f) say whether the appellant has asked the magistrates’ court to reconsider the case; and

(g) include a list of those on whom the appellant has served the appeal notice.

(2) A respondent’s notice must—

(a) give the date on which the respondent was served with the appeal notice; and

(b) to assist the court in fulfilling its duty under rule 3.2—

(i) identify the witnesses who gave oral evidence in the magistrates’ court,

(ii) identify the witnesses who gave written evidence in the magistrates’ court,

(iii) identify the prosecution witnesses whom the respondent intends to call to give oral evidence in the Crown Court,

(iv) give notice of any special arrangements or other measures that the respondent thinks are needed for witnesses,

(v) explain whether the issues in the Crown Court differ from the issues in the magistrates’ court, and if so how, and

(vi) say how long the trial lasted in the magistrates’ court and how long the appeal is likely to last in the Crown Court.

(3) Paragraph (4) applies in an appeal against conviction or against a finding of guilt where in the magistrates’ court a party to the appeal—

(a) introduced in evidence material to which applies—

(i) Part 16 (Written witness statements),

(ii) Part 19 (Expert evidence),

(iii) Part 20 (Hearsay evidence),

(iv) Part 21 (Evidence of bad character), or

(v) Part 22 (Evidence of a complainant’s previous sexual behaviour); or

(b) made an application to which applies—

(i) Part 17 (Witness summonses, warrants and orders),

(ii) Part 18 (Measures to assist a witness or defendant to give evidence), or

(iii) Part 23 (Restriction on cross-examination by a defendant).

(4) If such a party wants to reintroduce that material or to renew that application in the Crown Court that party must include a notice to that effect in the appeal or respondent’s notice, as the case may be.

[Note. In some cases, a magistrates’ court can reconsider a conviction, sentence or other order and make a fresh decision. See section 142 of the Magistrates’ Courts Act 1980⁸⁶⁰.

Duty of magistrates’ court officer

34.4

(1) The magistrates’ court officer must—

(a) arrange for the magistrates’ court to hear as soon as practicable any application to that court under rule 34.2(3)(c) (suspension of disqualification or order pending appeal); and

(b) as soon as practicable notify the Crown Court officer of the service of the appeal notice and make available to that officer—

(i) the appeal notice and any accompanying application served by the appellant,

(ii) details of the parties including their addresses, and

(iii) a copy of each magistrates’ court register entry relating to the decision under appeal and to any application for bail or for the suspension of a disqualification or order pending appeal.

(2) Where the appeal is against conviction or against a finding of guilt, the magistrates’ court officer must make available to the Crown Court officer as soon as practicable—

(a) all material served on the magistrate’s court officer to which applies—

(i) Part 8 (Initial details of the prosecution case),

(ii) Part 16 (Written witness statements),

(iii) Part 17 (Witness summonses, warrants and orders),

(iv) Part 18 (Measures to assist a witness or defendant to give evidence),

(v) Part 19 (Expert evidence),

(vi) Part 20 (Hearsay evidence),

(vii) Part 21 (Evidence of bad character),

(viii) Part 22 (Evidence of a complainant’s previous sexual behaviour), or

(ix) Part 23 (Restriction on cross-examination by a defendant);

(b) any case management questionnaire prepared for the purposes of the trial;

(d) any other document, object or information for which the Crown Court officer asks.

(3) Where the appeal is against sentence, the magistrates’ court officer must make available to the Crown Court officer as soon as practicable any report received for the purposes of sentencing.

(4) Unless the magistrates’ court otherwise directs, the magistrates’ court officer—

(a) must keep any document or object exhibited in the proceedings in the magistrates’ court, or arrange for it to be kept by some other appropriate person, until at least—

(i) 6 weeks after the conclusion of those proceedings, or

(ii) the conclusion of any proceedings in the Crown Court that begin within that 6 week period; but

(b) need not keep such a document if—

(i) the document that was exhibited is a copy of a document retained by the party who produced it, and

(ii) what was in evidence in the magistrates’ court was the content of that document.

[Note. See also section 133 of the Criminal Justice Act 2003⁸⁶¹(Proof of statements in documents).]

Duty of person keeping exhibit

34.5

A person who, under arrangements made by the magistrates’ court officer, keeps a document or object exhibited in the proceedings in the magistrates’ court must—

(a) keep that exhibit until—

(i) 6 weeks after the conclusion of those proceedings, or

(ii) the conclusion of any proceedings in the Crown Court that begin within that 6weeks,

unless the magistrates’ court or the Crown Court otherwise directs; and

(b) provide the Crown Court with any such document or object for which the Crown Court officer asks, within such period as the Crown Court officer may require.

Reference by the Criminal Cases Review Commission

34.6

(1) The Crown Court officer must, as soon as practicable, serve a reference by the Criminal Cases Review Commission on—

(a) the appellant;

(b) every other party; and

(2) The appellant may serve an appeal notice on—

(a) the Crown Court officer; and

(b) every other party,

not more than 15 business days later.

(3) The Crown Court must treat the reference as the appeal notice if the appellant does not serve an appeal notice.

Preparation for appeal

34.7

(1) The Crown Court may conduct a preparation for appeal hearing (and if necessary more than one such hearing) where―

(a) it is necessary to conduct such a hearing in order to give directions for the effective determination of the appeal; or

(b) such a hearing is required to set ground rules for the conduct of the questioning of a witness or appellant.

(2) Where under rule 34.3(4) a party gives notice to reintroduce material or to renew an application first introduced or made in the magistrates’ court—

(a) no other notice or application to the same effect otherwise required by these Rules need be served; and

(b) any objection served by the other party in the magistrates’ court is treated as renewed unless within 15 business days that party serves notice withdrawing it.

(3) Paragraphs (4) and (5) apply where—

(a) the appeal is against conviction or against a finding of guilt;

(b) a party wants to introduce material or make an application under a Part of these Rules listed in rule 34.3(3); and

(c) that party gives no notice of reintroduction or renewal under rule 34.3(4) (whether because the conditions for giving such a notice are not met or for any other reason).

(4) Such a party must serve the material, notice or application required by that Part not more than 15 business days after service of the appeal notice.

(5) Subject to paragraph (4), the requirements of that Part apply (for example, as to the form in which a notice must be given or an application made and as to the time and form in which such a notice or application may be opposed).

Hearings and decisions

34.8

(1) The Crown Court as a general rule must hear in public an appeal or reference to which this Part applies, but—

(a) may order any hearing to be in private; and

(b) where a hearing is about a public interest ruling, must hold that hearing in private.

(2) The Crown Court officer must give as much notice as reasonably practicable of every hearing to—

(a) the parties;

(b) any party’s custodian; and

(3) The Crown Court officer must serve every decision on—

(a) the parties;

(b) any other person whom the Crown Court requires to be served; and

(4) But where a hearing or decision is about a public interest ruling, the Crown Court officer must not—

(a) give notice of that hearing to; or

(b) serve that decision on,

anyone other than the prosecutor who applied for that ruling, unless the court otherwise directs.

[Note. See also Part 15 (Disclosure).]

Abandoning an appeal

34.9

(1) The appellant—

(a) may abandon an appeal without the Crown Court’s permission, by serving a notice of abandonment on—

(i) the magistrates’ court officer,

(ii) the Crown Court officer, and

(iii) every other party

before the hearing of the appeal begins; but

(b) after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.

(2) A notice of abandonment must be signed by or on behalf of the appellant.

(3) Where an appellant who is on bail pending appeal abandons an appeal—

(a) the appellant must surrender to custody as directed by the magistrates’ court officer; and

(b) any conditions of bail apply until then.

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The Criminal Procedure Rules 2025

Application to realise seized property or to realise or destroy cryptoassets

33.23

Appeal about decision on application to realise seized property or to realise or destroy cryptoassets

33.24

Application for direction about surplus proceeds

33.25

SEIZURE AND DETENTION PROCEEDINGS

Application for approval to seize property or to search

33.26

Application to extend detention period

33.27

Application to vary or discharge order for extended detention

33.28

Appeal about property detention decision

33.29

RESTRAINT AND RECEIVERSHIP PROCEEDINGS: RULES THAT APPLY GENERALLY

Taking control of goods and forfeiture

33.30

Joining of applications

33.31

Applications to be dealt with in writing

33.32

Business in chambers

33.33

Power of court to control evidence

33.34

Evidence of witnesses

33.35

Witness summons

33.36

Hearsay evidence

33.37

Disclosure and inspection of documents

33.38

Court documents

33.39

Consent orders

33.40

Slips and omissions

33.41

Supply of documents from court records

33.42

Disclosure of documents in criminal proceedings

33.43

Preparation of documents

33.44

RESTRAINT PROCEEDINGS

Application for restraint order or ancillary order

33.45

Restraint and ancillary orders

33.46

Application for discharge or variation of restraint or ancillary order by a person affected by the order

33.47

Application for variation of restraint or ancillary order by the person who applied for the order

33.48

Application for discharge of restraint or ancillary order by the person who applied for the order

33.49

RECEIVERSHIP PROCEEDINGS

Application for appointment of a management or an enforcement receiver

33.50

Application for conferral of powers on a management receiver or an enforcement receiver

33.51

Applications for discharge or variation of receivership orders, and applications for other orders

33.52

Sums in the hands of receivers

33.53

Security

33.54

Remuneration

33.55

Accounts

33.56

Non-compliance by receiver

33.57

PROCEEDINGS UNDER THE CRIMINAL JUSTICE ACT 1988 AND THE DRUG TRAFFICKING ACT 1994

Statements, etc. relevant to making confiscation orders

33.58

Postponed determinations

33.59