The Crown Court (Amendment) Rules 2017
These Rules amend the Crown Court Rules 1982 (S.I. 1982/1109) (“CCR”) to take account of amendments made to Part 5 of the Proceeds of Crime Act 2002 (c. 29) (“POCA”) and Schedule 1 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (“ATCSA”) by the Criminal Finances Act 2017 (c. 22) (“CFA”). The amendments are-Section 15 of the CFA inserted new chapter 3A into Part 5 of POCA, which permits the search for, and seizure, detention and forfeiture of certain listed items of personal (or moveable) property where the property derives from, or is intended for use in, unlawful conduct. Property can be detained for an initial period after seizure, after which time an order for further detention of the property under section 303L must be obtained. Section 303S of that Act provides for an appeal to the Crown Court by any party to proceedings in which an order is made by a magistrates’ court for the forfeiture of listed items of property.Section 39 of and Schedule 3 to the CFA insert new part 4A into Schedule 1 of ATCSA which makes similar provision in respect of listed assets which are intended to be used for the purposes of terrorism, consist of the resources of a proscribed organisation, or are property earmarked as terrorist property. An order for further detention of the property can be made under paragraph 10D, and paragraph 10K provides for appeals to the Crown Court by any party to proceedings in which an order or decision is made by a magistrates’ court in respect of the forfeiture of listed items of terrorist property.Section 16 of the CFA inserted new chapter 3B into Part 5 of POCA, which permits law enforcement agencies to apply for an order freezing funds in a bank or building society account, and to forfeit funds in that account, where the funds derive from, or are intended for use in, unlawful conduct. The magistrates’ court can make an account freezing order under section 303Z3, and section 303Z4 allows any person affected by such an order to apply to the court to vary or set aside the account freezing order. Section 303Z16 of that Act provides for an appeal to the Crown Court by any party to proceedings in which an order is made by a magistrates’ court for the forfeiture of funds in bank or building society accounts.Section 40 of and Schedule 4 to the CFA insert new part 4B into Schedule 1 of ATCSA, which makes similar provision in respect of funds in a bank or building society account which are intended to be used for the purposes of terrorism, consist of the resources of a proscribed organisation, or are property earmarked as terrorist property. Account freezing orders can be made under paragraph 10S, and paragraph 10Z4 provides for appeals to the Crown Court by any party to proceedings in which an order or decision is made by a magistrates’ court in respect of the forfeiture of terrorist funds in a bank or building society account.