The Magistrates’ Courts (Detention, Freezing and Forfeiture of Terrorist Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
8 Applications for the release of detained cryptoassets and cryptoasset-related items
(1) An application under paragraph 10Z7AI(3) or 10Z7CK(1) of Schedule 1 for the release of detained cryptoassets or cryptoasset-related items 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 sent a copy of an order under any of paragraphs 10Z7AC(1) or (4), 10Z7AE(1) or 10Z7AG(1) or (4) of Schedule 1 in respect of the detained property, 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 authorised officer who seized the property. (4) The authorised 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 an order made under any of paragraphs 10Z7AC(1) or (4), 10Z7AE(1) or (4) or 10Z7AG(1) or (4) of Schedule 1 has been given. (5) The court must fix a date for the hearing of the application, which, unless directed 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 to the authorised officer who seized the property. (6) The authorised officer who has been notified of the date fixed for the hearing of the application under paragraph (5) must notify that date to every person to whom a copy of an order made under any of paragraphs 10Z7AC(1) or (4), 10Z7AE(1) or (4) or 10Z7AG(1) or (4) of Schedule 1 has been given. (7) At the hearing of an application under paragraph 10Z7AI(3) 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 detained property. (8) A direction under paragraph 10Z7AI(2) of Schedule 1 must provide for the release of the detained property within seven days of the date of the making of the direction or such longer period as with the agreement of the applicant may be specified in the direction, except that cryptoassets may not be released whilst paragraph 10Z7CB(2) of Schedule 1 applies. (9) The court must give copies of the direction to the applicant and to the authorised officer who seized the property. (10) The authorised officer who has been given copies of the direction under paragraph (9) must give a copy of the direction to every person to whom a copy of an order made under any of paragraphs 10Z7AC(1) or (4), 10Z7AE(1) or (4) or 10Z7AG(1) or (4) of Schedule 1 has been given.
8 Applications for the release of detained cryptoassets and cryptoasset-related items
(1) An application under paragraph 10Z7AI(3) or 10Z7CK(1) of Schedule 1 for the release of detained cryptoassets or cryptoasset-related items 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 sent a copy of an order under any of paragraphs 10Z7AC(1) or (4), 10Z7AE(1) or 10Z7AG(1) or (4) of Schedule 1 in respect of the detained property, 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 authorised officer who seized the property. (4) The authorised 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 an order made under any of paragraphs 10Z7AC(1) or (4), 10Z7AE(1) or (4) or 10Z7AG(1) or (4) of Schedule 1 has been given. (5) The court must fix a date for the hearing of the application, which, unless directed 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 to the authorised officer who seized the property. (6) The authorised officer who has been notified of the date fixed for the hearing of the application under paragraph (5) must notify that date to every person to whom a copy of an order made under any of paragraphs 10Z7AC(1) or (4), 10Z7AE(1) or (4) or 10Z7AG(1) or (4) of Schedule 1 has been given. (7) At the hearing of an application under paragraph 10Z7AI(3) 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 detained property. (8) A direction under paragraph 10Z7AI(2) of Schedule 1 must provide for the release of the detained property within seven days of the date of the making of the direction or such longer period as with the agreement of the applicant may be specified in the direction, except that cryptoassets may not be released whilst paragraph 10Z7CB(2) of Schedule 1 applies. (9) The court must give copies of the direction to the applicant and to the authorised officer who seized the property. (10) The authorised officer who has been given copies of the direction under paragraph (9) must give a copy of the direction to every person to whom a copy of an order made under any of paragraphs 10Z7AC(1) or (4), 10Z7AE(1) or (4) or 10Z7AG(1) or (4) of Schedule 1 has been given.
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