The Magistrates’ Courts (Detention, Freezing and Forfeiture of Terrorist Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
11 Application for the release of frozen cryptoassets
(1) An application under paragraph 10Z7CL(1) of Schedule 1 for the release of cryptoassets held in a crypto wallet in respect of which a crypto wallet freezing order made under paragraph 10Z7BB(2) of Schedule 1 has effect must be made in writing and sent to the court before which the applicant wishes to make the application, and must specify the grounds on which it is made. (2) But if the applicant has been given a copy of an order under paragraph 10Z7BB(2) or (5) of Schedule 1 in respect of the cryptoassets which are the subject of the application, then the application must be sent to the court which sent the applicant the copy of that order. (3) The court must send copies of the application to the enforcement officer who applied for the crypto wallet freezing order. (4) The enforcement officer who has been sent copies of the application under paragraph (3) must send a copy of the application to every person to whom a copy of the crypto wallet freezing order has been given. (5) The court must fix a date for the hearing of the application, which, unlessdirected otherwise, must not be earlier than seven days from the date on which it is fixed, and must notify that date to the applicant and the enforcement officer who applied for the crypto wallet freezing order. (6) At the hearing of an application under paragraph 10Z7CK(1) of Schedule 1, the court may, if it thinks fit, order that the application be heard with any other relevant proceedings in relation to the crypto wallet which is the subject of the application. (7) An order under paragraph 10Z7CK(4) or (5) of Schedule 1 must provide for the release of the cryptoassets to which the application relates within seven days of the date of the making of the order, or such longer period as, with the agreement of the applicant, may be specified, except that the cryptoassets may not be released whilst paragraph 10Z7CB(3) to (5) of Schedule 1 applies. (8) The court must give copies of the order to the enforcement officer who applied for the crypto wallet freezing order. (9) The enforcement officer who has been given copies of the order under paragraph (8) must give a copy of the order to every person to whom a copy of the crypto wallet freezing order has been given.
11 Application for the release of frozen cryptoassets
(1) An application under paragraph 10Z7CL(1) of Schedule 1 for the release of cryptoassets held in a crypto wallet in respect of which a crypto wallet freezing order made under paragraph 10Z7BB(2) of Schedule 1 has effect must be made in writing and sent to the court before which the applicant wishes to make the application, and must specify the grounds on which it is made. (2) But if the applicant has been given a copy of an order under paragraph 10Z7BB(2) or (5) of Schedule 1 in respect of the cryptoassets which are the subject of the application, then the application must be sent to the court which sent the applicant the copy of that order. (3) The court must send copies of the application to the enforcement officer who applied for the crypto wallet freezing order. (4) The enforcement officer who has been sent copies of the application under paragraph (3) must send a copy of the application to every person to whom a copy of the crypto wallet freezing order has been given. (5) The court must fix a date for the hearing of the application, which, unlessdirected otherwise, must not be earlier than seven days from the date on which it is fixed, and must notify that date to the applicant and the enforcement officer who applied for the crypto wallet freezing order. (6) At the hearing of an application under paragraph 10Z7CK(1) of Schedule 1, the court may, if it thinks fit, order that the application be heard with any other relevant proceedings in relation to the crypto wallet which is the subject of the application. (7) An order under paragraph 10Z7CK(4) or (5) of Schedule 1 must provide for the release of the cryptoassets to which the application relates within seven days of the date of the making of the order, or such longer period as, with the agreement of the applicant, may be specified, except that the cryptoassets may not be released whilst paragraph 10Z7CB(3) to (5) of Schedule 1 applies. (8) The court must give copies of the order to the enforcement officer who applied for the crypto wallet freezing order. (9) The enforcement officer who has been given copies of the order under paragraph (8) must give a copy of the order to every person to whom a copy of the crypto wallet freezing order has been given.
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