The Crown Court (Amendment No. 2) Rules 2024/1131 came into effect on 2 December 2024. They amend the Crown Court Rules 1982 (“the Rules”) which provide procedures for appeals against magistrates’ court orders for the seizure and forfeiture property under the Proceeds of Crime Act 2002 (“POCA”). These amendments concern appeals against orders for all asset forfeiture proceedings in the magistrates’ court, including those made under the Anti-Terrorism Crime and Security Act 2001 (“ATCSA”), and POCA.

What are the changes?

The amendments are made further to earlier amendments this year. While they add new provisions for the appeal of cryptoasset forfeiture orders, they also make other substantive changes to the appeal procedure in the Crown Court.

Broadly speaking the changes move administrative responsibilities away from the court and place them on the shoulders of the appellant. They also open a possible important change to the guillotine time limit for making an appeal.

Notice of appeal

Previously under the Rules an appellant was only required to serve notice of the appeal on the court and the other parties. The amendments widen the pool of people on who notice of the appeal must be served by the appellant.

Rule 7 of the Rules now sets out that in relation to POCA appeals (including cash forfeiture, listed asset forfeiture, account forfeiture and cryptoasset forfeiture orders) notice of the appeal notice must be provided to anyone on whom notice of the detention or freezing order was given. As well as to any person who made an application as a victim or other owner of the property under the relevant section of POCA[1] but has not been joined to the case. 

The appellant must now also notify the court that notice has been given to all relevant persons.

The court will then provide notice of the time and place of the hearing to all parties. The amendments also allow a widening of the court’s power to notify anyone else as it directs.

Time limit for notice

POCA sets out that all appeals against asset recovery orders must be made within 30 days.[2]  It has been the longstanding position that the time limit was absolute, and no extension was possible.[3]

However, the amendment to the Rules questions that position; each POCA section providing the power to appeal to the Crown Court is now included in Part 1 of Schedule 3 of the Rules.

Rule 7(5) provides that the time for giving notice of appeal (i.e. starting the appeal) may be extended, before or after it expires, in relation to an enactment listed under Part 1 of Schedule 3. The Rules as amended therefore provide that an appellant can seek to appeal a forfeiture order out of time, if that application is made in writing, identifying grounds and sent to the appropriate Crown Court.

Appellants now appear to have a basis on which to apply to appeal a forfeiture order even after the 30 day period provided for by statute has expired.

Procedure

The amendments create Rule 8A, which provides that the crown court can conduct a preparation for appeal hearing. One can only hope that this hearing title is widely adopted by the courts to save confusion for legal teams instructed late in proceedings.

Rule 11ZA is inserted to include that the court must provide copies of any order to the appellant, and it is for the appellant, or any other person directed by the court, to serve that order on any party who was given notice of the appeal and any other person as the court directs.

Conclusion

Both sets of amendments made this year provide a much-needed update to the Rules. The Rules read more clearly now in one uninterrupted Part. This will hopefully address the confusion which often arose when courts were directed to the Rules as the starting point for procedure for asset forfeiture appeals in the Crown Court.

The changes mean that any parties appealing, which can be a respondent who is self-funding their legal representation or law enforcement should consider the amendments carefully. There are now further duties placed on the appellant which must be complied with.

The extended time limit for notice to appeal will be an area ripe for challenge in 2025. Law enforcement agencies who are successful in obtaining a forfeiture order are obligated under POCA to pay that money into the Consolidated Fund after the 30-day period expires. Those agencies will now be at risk of appeals outside that period for property which is no longer available, or even applications for compensation, which will likely stiffen the resolve to challenge the apparent change in position in the higher courts.

John specialises in all aspects of financial crime, proceeds of crime and related areas. 

John is an experienced proceeds of crime practitioner. He is sought out by defence solicitors and law enforcement agencies for complex and high value POCA cases and is often specifically instructed for the POCA aspects of a broader criminal case. He has dealt with cases concerning international and mutual recognition issues, and has a growing practice in civil recovery encompassing all chapters of Part 5 of POCA. He is recognised in Chambers & Partners and The Legal 500.

References

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[1] For cash pursuant to section 3031 POCA, for a listed asset pursuant to section 303S POCA, for an account forfeiture pursuant to section 303Z4 or section 30317A, for cryptoasset forfeiture pursuant to section 303Z50, 303Z51 and 303Z38(1)(b) POCA.

[2] For cash forfeiture Section 299, listed assets section 303S, account forfeiture section 303Z16 and cryptoasset forfeiture section 303Z47 POCA.

[3] R v West London Magistrates Court (ex parte Lamai) [2001] EWCA Civ 1501