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Court of Appeal (Criminal) (Confiscation Order Appeals) (Amendment) Rules 2022

Made                                                                                                       20th June 2022

Coming into force                                                                               27th June 2022

THE COURT OF APPEAL makes these Rules under Articles 40 and 46D(g) of the Court of Appeal (Jersey) Law 1961 –

1        Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009 (amended)

These Rules amend the Court of Appeal (Criminal) (Confiscation Order Appeals) Rules 2009.

2        Rule 1 (interpretation) amended

In Rule 1, for the definition “appeal” there is substituted –

“ “appeal” means an appeal by the Attorney General from the Royal Court under Article 45D of the Law –

(a)     in respect of a confiscation order or an instrumentalities forfeiture order; or

(b)     against a decision not to make a confiscation order or an instrumentalities forfeiture order;”.

3        Rule 4 (notice to defendant) amended

For Rule 4(2)(a) there is substituted –

“(a)    that the result of an appeal could be that the Court of Appeal would –

(i)      increase a confiscation order or an instrumentalities forfeiture order already imposed on the defendant,

(ii)      make a confiscation order or an instrumentalities forfeiture order itself, or

(iii)     direct the Royal Court to hold another confiscation or instrumentalities forfeiture hearing;”.

4        Rule 8 (citation) amended

In Rule 8, after “Confiscation” there is inserted “or Instrumentalities Forfeiture”.

5        Schedule (respondent’s notice) amended

In the Schedule, after “confiscation order” insert the words “or an instrumentalities forfeiture order”.

6        Short title amended

In the short title, after “Confiscation” there is inserted “or Instrumentalities Forfeiture”.

7        Citation and commencement

These Rules may be cited as the Court of Appeal (Criminal) (Confiscation Order Appeals) (Amendment) Rules 2022 and come into force on the day 7 days after they are made by the Court of Appeal.

 


Page Last Updated: 21 Jun 2022