Category: 0 Archive

Posted on

The Magistrates’ Courts (Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5B) Rules 2019

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Part 5B of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (“the Order”). Part 5B of the Order was inserted by article 31 of the Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018. Part 5B of the Order mirrors in large part the provisions of Chapter 3B of Part 5 of the Proceeds of Crime Act 2002 (“POCA”), which was inserted by section 16 of the Criminal Finances Act 2017 (c.22) and makes provision for the forfeiture of money held in bank and building society accounts, where the money derives from, or is intended for use in, unlawful conduct. These Rules similarly mirror in large part the rules relating to proceedings under Chapter 3B of Part 5 of POCA (the Magistrates’ Courts (Freezing and Forfeiture of Money in Bank and Building Society Accounts) Rules 2017) and provide the relevant procedure for:

Link: The Magistrates’ Courts (Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5B) Rules 2019
Source: Legislation .gov.uk

Posted on

The Magistrates’ Courts (Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5A, and Miscellaneous Amendments) Rules 2019

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for giving effect in England and Wales to external orders under Part 5A of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (“the Order”). Part 5A of the Order was inserted by article 30 of the Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018. Part 5A of the Order mirrors in large part the provisions of Chapter 3A of Part 5 of the Proceeds of Crime Act 2002 (“POCA”), which was inserted by section 15 of the Criminal Finances Act 2017 (c.22) and makes provision for the forfeiture of certain listed items of personal or moveable property, where the listed property derives from, or is intended for use in, unlawful conduct. The property to which the forfeiture powers apply is listed in article 213B of the Order. These Rules similarly mirror in large part the rules relating to proceedings under Chapter 3A of Part 5 of POCA (the Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017) and provide the relevant procedure for:

Link: The Magistrates’ Courts (Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, Part 5A, and Miscellaneous Amendments) Rules 2019
Source: Legislation .gov.uk