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Appointment of Receivers

The Crown Court may appoint a receiver in respect of realisable property of a defendant who is subject to a confiscation order on the application of the prosecutor if a confiscation order is not satisfied and is not subject to appeal.

 The receiver may be given the following powers in relation to the realisable property:

1. •

   power to take possession of the property

2. •

   power to manage or otherwise deal with the property, subject to hearing representations from those holding it

3. •

   power to realise the property, in such a manner as the court may specify, subject to hearing representations from those holding it

4. •

   power to start, carry on or defend any legal proceedings in respect of the property

Where the defendant’s realisable interest in the property is disputed

It is not necessary for the property to be the proven realisable property of the defendant (see eg Re Smith). Where there is a contested claim as to who holds the beneficial interest in the property between the prosecutor (seeking to establish the defendant’s