47N Discharge, variation and lapse of detention order
(1) An order under section 47M may be discharged or varied.
(2) An application for variation or discharge of the order may be made by—
(a) a person mentioned in section 47M(3), or
(b) any person affected by the order.
(3) On an application under this section the court must discharge the order if—
(a) the order was made on the ground that the first or second condition in section 47B was met but proceedings for the offence mentioned in that condition have not been started within a reasonable time,
(b) the order was made on the ground that the third or fourth condition in section 47B was met but proceedings for the offence mentioned in that condition have now been concluded,
(c) the order was made on the ground that the fifth, sixth or seventh condition in section 47B was met but the application mentioned in that condition has now been concluded or, as the case may be, has not been made within a reasonable time.
(4) An order made under section 47M lapses if a restraint order is made in respect of the property to which it relates (but provision authorising detention of the property may have been included in the restraint order by virtue of section 41A).
(1) If on an application for an order under section 47M the magistrates' court decides not to make an order, a person mentioned in subsection (3) of that section may appeal to the Crown Court against the decision.
(2) If an application is made under section 47N in relation to an order the following persons may appeal to the Crown Court in respect of the magistrates' court's decision on the application—
(a) a person mentioned in section 47M(3), or
(b) any person affected by the order.
47P Detention of property pending section 47O appeal
(1) This section applies where—
(a) an application for an order under section 47M is made within the period mentioned in section 47J, and
(b) the application is refused.
(2) This section also applies where—
(a) an order is made under section 47M extending the period for which property may be detained under section 47J, and
(b) the order is discharged or varied so that detention of the property is no longer authorised by virtue of the order.
(3) The property may be detained until there is no further possibility of an appeal against the decision to refuse the application or discharge or vary the order (as the case may be).
47Q Hearsay evidence in detention order proceedings
(1) Evidence must not be excluded in detention order proceedings on the ground that it is hearsay (of whatever degree).
(2) Sections 2 to 4 of the Civil Evidence Act 1995 apply in relation to detention order proceedings as those sections apply in relation to civil proceedings.
(3) Detention order proceedings are proceedings—
(a) for an order under section 47M;
(b) for the discharge or variation of such an order;
(c) on an appeal under section 47O.
(4) Hearsay is a statement which is made otherwise than by a person while giving oral evidence in the proceedings and which is tendered as evidence of the matters stated.
(5) Nothing in this section affects the admissibility of evidence which is admissible apart from this section.
(1) This section applies in relation to property which—
(a) has been seized by an appropriate officer under section 47C, and
(b) is detained under or by virtue of any of sections 47J to 47M and 47P.
(2) The property must be released if at any time an appropriate officer decides that the detention condition is no longer met.
(3) The detention condition is met for so long as—
(a) any of the conditions in section 47B is met, and
(b) there are reasonable grounds for the suspicion mentioned in section 47C(1) or (5A).
(4) Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 47J to 47M and 47P.
(5) Nothing in this section affects the operation of any power or duty to release property that arises apart from this section.
(6) If a cryptoasset-related item which has been released is not claimed within the period of a year beginning with the date on which it was released, the appropriate officer may—
(a) retain the item and deal with it as they see fit,
(b) dispose of the item, or
(c) destroy the item.
(7) The powers in subsection (6) may be exercised only—
(a) where the appropriate officer has taken reasonable steps to notify—
(i) the person from whom the item was seized, and
(ii) any other persons who the appropriate officer has reasonable grounds to believe have an interest in the item,
that the item has been released, and
(b) with the approval of a senior officer.
(8) “Senior officer” in subsection (7)(b) has the meaning given in section 47G(3).
(9) Any proceeds of a disposal of the item are to be paid into the Consolidated Fund.
(1) The Secretary of State must make a code of practice in connection with—
(a) the carrying out by appropriate officers of the functions conferred by sections 47C to 47H,
(b) the carrying out by senior officers of their functions under section 47G, and
(c) the detention of property under or by virtue of sections 41A, 44A and 47J to 47P.
(2) Where the Secretary of State proposes to issue a code of practice the Secretary of State must—
(a) publish a draft,
(b) consider any representations made about the draft,
(c) if the Secretary of State thinks appropriate, modify the draft in the light of any such representations.
(2A) The Secretary of State must also consult the Attorney General about the draft in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office.
(3) The Secretary of State must lay a draft of the code before Parliament.
(4) When the Secretary of State has laid a draft of the code before Parliament the Secretary of State may bring it into operation by order.
(5) The Secretary of State may revise the whole or any part of the code and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.
(6) A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings.
(7) The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(1) Subsection (2) applies if—
(a) the Crown Court makes a restraint order, and
(b) the applicant for the restraint order applies to the court to proceed under subsection (2) (whether as part of the application for the restraint order or at any time afterwards).
(1A) Subsection (2) also applies if—
(a) a magistrates’ court has made a further detention order, and
(b) an application is made to the Crown Court to proceed under subsection (2) by—
(i) the prosecutor, or
(ii) an accredited financial investigator.
(2) The Crown Court may by order appoint a receiver in respect of any realisable property to which the restraint order or (as the case may be) further detention order applies.
(3) For the purposes of this section and section 49, a “further detention order” is an order made in relation to property under section 47M (further detention of property detained under section 47J).
(1) If the court appoints a receiver under section 48 it may act under this section on the application of the person who applied for the restraint order or (as the case may be) further detention order (referred to in this section as the “relevant order”).
(2) The court may by order confer on the receiver the following powers in relation to any realisable property to which the relevant order applies—
(a) power to take possession of the property;
(b) power to manage or otherwise deal with the property;
(c) power to start, carry on or defend any legal proceedings in respect of the property;
(d) power to realise so much of the property as is necessary to meet the receiver’s remuneration and expenses.
(3) The court may by order confer on the receiver power to enter any premises in England and Wales and to do any of the following—
(a) search for or inspect anything authorised by the court;
(b) make or obtain a copy, photograph or other record of anything so authorised;
(c) remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
(4) The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions—
(a) hold property;
(b) enter into contracts;
(c) sue and be sued;
(d) employ agents;
(e) execute powers of attorney, deeds or other instruments;
(f) take any other steps the court thinks appropriate.
(5) The court may order any person who has possession of realisable property to which the relevant order applies to give possession of it to the receiver.
(6) The court—
(a) may order a person holding an interest in realisable property to which the relevant order applies to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
(b) may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
(7) Subsections (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions—
(a) section 9 of the Drug Trafficking Offences Act 1986 (c. 32);
(b) section 78 of the Criminal Justice Act 1988 (c. 33);
(c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
(d) section 27 of the Drug Trafficking Act 1994 (c. 37);
(e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).
(8) The court must not—
(a) confer the power mentioned in subsection (2)(b) or (d) in respect of property, or
(b) exercise the power conferred on it by subsection (6) in respect of property,
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—
(a) is perishable; or
(b) ought to be disposed of before its value diminishes.
(9) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.
(10) Managing or otherwise dealing with property includes—
(a) selling the property or any part of it or interest in it;
(b) carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
(c) incurring capital expenditure in respect of the property.
(1) This section applies if—
(a) a confiscation order is made,
(b) it is not satisfied, and
(c) it is not subject to appeal.
(2) On the application of the prosecutor the Crown Court may by order appoint a receiver in respect of realisable property.
(1) If the court appoints a receiver under section 50 it may act under this section on the application of the prosecutor.
(2) The court may by order confer on the receiver the following powers in relation to the realisable property—
(a) power to take possession of the property;
(b) power to manage or otherwise deal with the property;
(c) power to realise the property, in such manner as the court may specify;
(d) power to start, carry on or defend any legal proceedings in respect of the property.
(e) so far as the property consists of cryptoassets, power to destroy the property.
(3) The court may by order confer on the receiver power to enter any premises in England and Wales and to do any of the following—
(a) search for or inspect anything authorised by the court;
(b) make or obtain a copy, photograph or other record of anything so authorised;
(c) remove anything which the receiver is required or authorised to take possession of in pursuance of an order of the court.
(4) The court may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions—
(a) hold property;
(b) enter into contracts;
(c) sue and be sued;
(d) employ agents;
(e) execute powers of attorney, deeds or other instruments;
(f) take any other steps the court thinks appropriate.
(5) The court may order any person who has possession of realisable property to give possession of it to the receiver.
(6) The court—
(a) may order a person holding an interest in realisable property to make to the receiver such payment as the court specifies in respect of a beneficial interest held by the defendant or the recipient of a tainted gift;
(b) may (on the payment being made) by order transfer, grant or extinguish any interest in the property.
(7) Subsections (2), (5) and (6) do not apply to property for the time being subject to a charge under any of these provisions—
(a) section 9 of the Drug Trafficking Offences Act 1986 (c. 32);
(b) section 78 of the Criminal Justice Act 1988 (c. 33);
(c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));
(d) section 27 of the Drug Trafficking Act 1994 (c. 37);
(e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).
(8) The court must not—
(a) confer the power mentioned in subsection (2)(b) , (c) or (e) in respect of property, or
(b) exercise the power conferred on it by subsection (6) in respect of property,
unless it gives persons holding interests in the property a reasonable opportunity to make representations to it.
(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—
(a) is perishable; or
(b) ought to be disposed of before its value diminishes.
(8B) Representations that a person is entitled to make by virtue of subsection (8) do not include representations that are inconsistent with a determination made under section 10A, unless—
(a) the person was not given a reasonable opportunity to make representations when the determination was made and has not appealed against the determination, or
(b) it appears to the court that there would be a serious risk of injustice to the person if the court was bound by the determination;
and the determination does not bind the court if paragraph (a) or (b) applies.
(9) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies.
(9A) The court may confer the power mentioned in subsection (2)(e) only where—
(a) it is not reasonably practicable to realise the cryptoassets in question, or
(b) there are reasonable grounds to believe that the realisation of the cryptoassets would be contrary to the public interest, having regard in particular to how likely it is that the entry of the cryptoassets into general circulation would facilitate criminal conduct by any person.
(9B) An order conferring that power—
(a) must set out the court’s assessment of the market value of the cryptoassets to which it relates;
(b) may confer power to destroy the cryptoassets only to the extent that their market value, as set out in the order, is less than or equal to the amount remaining to be paid under the confiscation order.
(9C) If the receiver destroys any cryptoassets in the exercise of that power, the defendant is to be treated as having paid, towards satisfaction of the confiscation order, an amount equal to the market value, as set out in the order, of the cryptoassets which have been destroyed.
(10) Managing or otherwise dealing with property includes—
(a) selling the property or any part of it or interest in it;
(b) carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;
(c) incurring capital expenditure in respect of the property.
(1) This section applies to sums which are in the hands of a receiver appointed under section 50 if they are—
(a) the proceeds of the realisation of property under section 51;
(b) sums (other than those mentioned in paragraph (a)) in which the defendant holds an interest.
(2) The sums must be applied as follows—
(a) first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;
(b) second, they must be applied in making any payments directed by the Crown Court;
(c) third, they must be applied on the defendant’s behalf towards satisfaction of the confiscation order.
(3) If the amount payable under the confiscation order has been fully paid and any sums remain in the receiver’s hands he must distribute them—
(a) among such persons who held (or hold) interests in the property concerned as the Crown Court directs, and
(b) in such proportions as it directs.
(4) Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it.
(5) For the purposes of subsections (3) and (4) the property concerned is—
(a) the property represented by the proceeds mentioned in subsection (1)(a);
(b) the sums mentioned in subsection (1)(b).
(6) The receiver applies sums as mentioned in subsection (2)(c) by paying them to the appropriate designated officer on account of the amount payable under the order.
(7) The appropriate designated officer is the one for the magistrates’ court responsible for enforcing the confiscation order as if the amount ordered to be paid were a fine.
(1) This section applies if a designated officer receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 54 or otherwise).
(2) The designated officer's receipt of the sums reduces the amount payable under the order, but he must apply the sums received as follows.
(3) First he must apply them in payment of such expenses incurred by a person acting as an insolvency practitioner as—
(a) are payable under this subsection by virtue of section 432, but
(b) are not already paid under section 54(2)(a) or 67D(2)(a) .
(4) If the designated officer received the sums under section 54 or 67D he must next apply them—
(a) first, in payment of the remuneration and expenses of a receiver appointed under section 48, to the extent that they have not been met by virtue of the exercise by that receiver of a power conferred under section 49(2)(d);
(b) second, in payment of the remuneration and expenses of any receiver appointed under section 50.
(c) third, in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 67B.
(5) If a priority payment direction was made under section 13(5), the designated officer must next apply the sums in payment of any amounts payable under the priority order (or orders) that remain unpaid.
(5A) In a case in which there is more than one priority order the sums are to be applied in the order in which the priority orders were made, starting with the earliest of them.
(5B) If under section 22A (compensation directions) a direction was made for an amount to be paid to a person, the designated officer must next apply the sums in payment of that amount.
(6) If any amount remains after the designated officer makes any payments required by the preceding provisions of this section, the amount must be treated for the purposes of section 38 of the Courts Act 2003 (application of fines etc) as if it were a fine imposed by a magistrates’ court.
(7) Subsection (4) does not apply in relation to the remuneration of a receiver if the receiver is a person falling within subsection (8).
(8) The following fall within this subsection—
(a) a constable,
(aa) a member of a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011),
(ab) a member of the staff of the Mayor's Office for Policing and Crime (within the meaning of that Part of that Act),
(ac) a member of the civilian staff of a police force, including the metropolitan police force, (within the meaning of that Part of that Act),
(b) ... a member of staff of the City of London police force,
(c) an accredited financial investigator,
(d) a member of staff of the Crown Prosecution Service,
(e) a member of staff of the Serious Fraud Office,
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) a member of staff of the Commissioners for Her Majesty's Revenue and Customs,
(h) a National Crime Agency officer,
(i) a member of staff of any government department not mentioned above.
(9) It is immaterial for the purposes of subsection (7) whether a person falls within subsection (8) by virtue of a permanent or temporary appointment or a secondment from elsewhere.
(10) The reference in subsection (8) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.
(1) Subsections (2) to (4) apply if a court makes a restraint order.
(2) No distress may be levied , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, against any realisable property to which the order applies except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(3) If the order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within subsection (4) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(4) A right is within this subsection if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
(5) If a court in which proceedings are pending in respect of any property is satisfied that a restraint order has been applied for or made in respect of the property, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
(6) Before exercising any power conferred by subsection (5), the court must give an opportunity to be heard to—
(a) the applicant for the restraint order, and
(b) any receiver appointed in respect of the property under section 48or 50.
(1) Subsections (2) to (4) apply if a court makes an order under section 50 appointing a receiver in respect of any realisable property.
(2) No distress may be levied , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, against the property except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(3) If the receiver is appointed in respect of a tenancy of any premises, no landlord or other person to whom rent is payable may exercise a right within subsection (4) except with the leave of the Crown Court and subject to any terms the Crown Court may impose.
(4) A right is within this subsection if it is a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy.
(5) If a court in which proceedings are pending in respect of any property is satisfied that an order under section 50 appointing a receiver in respect of the property has been applied for or made, the court may either stay the proceedings or allow them to continue on any terms it thinks fit.
(6) Before exercising any power conferred by subsection (5), the court must give an opportunity to be heard to—
(a) the prosecutor, and
(b) the receiver (if the order under section 50 has been made).
If a receiver appointed under section 48or 50—
(a) takes action in relation to property which is not realisable property,
(b) would be entitled to take the action if it were realisable property, and
(c) believes on reasonable grounds that he is entitled to take the action,
he is not liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by his negligence.
(1) This section applies to a receiver appointed under section 48or 50.
(2) The receiver may apply to the Crown Court for an order giving directions as to the exercise of his powers.
(3) The following persons may apply to the Crown Court—
(a) any person affected by action taken by the receiver;
(b) any person who may be affected by action the receiver proposes to take.
(4) On an application under this section the court may make such order as it believes is appropriate.
(1) The following persons may apply to the Crown Court to vary or discharge an order made under any of sections 48 to 51 —
(a) the receiver;
(b) the person who applied for the order ...;
(c) any person affected by the order.
(2) On an application under this section the court—
(a) may discharge the order;
(b) may vary the order.
(3) But in the case of an order under section 48 or 49—
(a) if the condition in section 40 or 47B which was satisfied was that proceedings were started or an application was made, the court must discharge the order on the conclusion of the proceedings or of the application (as the case may be);
(b) if the condition which was satisfied was that an investigation was started or an application was to be made, the court must discharge the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).
(1) This section applies if—
(a) a receiver stands appointed under section 48 in respect of realisable property (the management receiver), and
(b) the court appoints a receiver under section 50 ....
(2) The court must order the management receiver to transfer to the other receiver all property held by the management receiver by virtue of the powers conferred on him by section 49.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (2) does not apply to property which the management receiver holds by virtue of the exercise by him of his power under section 49(2)(d).
(5) If the management receiver complies with an order under subsection (2) he is discharged—
(a) from his appointment under section 48;
(b) from any obligation under this Act arising from his appointment.
(6) If this section applies the court may make such a consequential or incidental order as it believes is appropriate.
(1) This section applies to money which—
(a) is held by a person, and
(b) is held in an account maintained by him with a relevant financial institution.
(2) This section also applies to money which is held by a person and which—
(a) has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and
(b) is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.
(2A) But this section applies to money only so far as the money is free property.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) If—
(a) a confiscation order is made against a person holding money to which this section applies, and
(b) a receiver has not been appointed under section 50 in relation to the money,
a magistrates' court may order the appropriate person to pay the money to the designated officer for the court on account of the amount payable under the confiscation order.
(5A) Where this section applies to money which is held in an account maintained with a relevant financial institution, a person applying for an order under subsection (5) must give notice of the application to the relevant financial institution with which the account is held.
(5B) In the case of money held in an account not maintained by the person against whom the confiscation order is made, a magistrates' court—
(a) may make an order under subsection (5) only if the extent of the person's interest in the money has been determined under section 10A, and
(b) must have regard to that determination in deciding what is the appropriate order to make.
(6) If a relevant financial institution fails to comply with an order under subsection (5)—
(a) the magistrates’ court may order it to pay an amount not exceeding £5,000, and
(b) for the purposes of the Magistrates’ Courts Act 1980 (c. 43) the sum is to be treated as adjudged to be paid by a conviction of the court.
(7) In order to take account of changes in the value of money the Secretary of State may by order substitute another sum for the sum for the time being specified in subsection (6)(a).
(7A) The Secretary of State may by order amend this section so that it applies by virtue of subsection (1) not only to money held in an account maintained with a relevant financial institution but also to—
(a) money held in an account maintained with a financial institution of a specified kind, or
(b) money that is represented by, or may be obtained from, a financial instrument or product of a specified kind.
(7B) An order under subsection (7A) may amend this section so that it makes provision about realising an instrument or product within subsection (7A)(b) or otherwise obtaining money from it.
(8) In this section—
“appropriate person” means—
in a case where the money is held in an account maintained with a a relevant financial institution, the relevant financial institution;
in any other case, the person on whose authority the money is detained;
“bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;
“building society” has the same meaning as in the Building Societies Act 1986;
“electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations);
“payment institution” means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752));
“relevant financial institution” means a bank, a building society, an electronic money institution or a payment institution;
“relevant seizure power” means a power to seize money conferred by or by virtue of—
a warrant granted under any enactment or rule of law, or
any enactment, or rule of law, under which the authority of a warrant is not required.
(9) In the definition of “bank” in subsection (8), “authorised deposit-taker” means—
(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;
(b) a person who—
(i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and
(ii) accepts deposits;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) A reference in subsection (9) to a person ... with permission to accept deposits does not include a person ... with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.
(1) This section applies to cryptoassets which—
(a) are held by a person, and
(b) are held in a crypto wallet administered by a UK-connected cryptoasset service provider,
but only so far as the cryptoassets are free property.
(2) Subsection (3) applies if—
(a) a confiscation order is made against a person holding cryptoassets to which this section applies, and
(b) a receiver has not been appointed under section 50 in relation to the cryptoassets.
(3) A magistrates’ court may order the UK-connected cryptoasset service provider which administers the crypto wallet in which the cryptoassets are held—
(a) to realise the cryptoassets, or a portion of the cryptoassets having a specified value,
(b) to pay the proceeds of that realisation to the designated officer for the court on account of, and up to a maximum of, the amount payable under the confiscation order, and
(c) to the extent that the proceeds of the realisation exceed the amount payable under the confiscation order, to pay the excess to an appropriate officer identified in the order.
“Appropriate officer” has the same meaning as in section 41A.
(4) A person applying for an order under subsection (3) must give notice of the application to the UK-connected cryptoasset service provider.
(5) Where the crypto wallet in which the cryptoassets are held is administered on behalf of someone other than the person against whom the confiscation order is made, a magistrates’ court—
(a) may make an order under subsection (3) only if the extent of the person’s interest in the money has been determined under section 10A, and
(b) must have regard to that determination in deciding what is the appropriate order to make.
(6) If a UK-connected cryptoasset service provider fails to comply with an order under subsection (3)—
(a) the magistrates’ court may order it to pay an amount not exceeding £5,000, and
(b) for the purposes of the Magistrates’ Courts Act 1980 the sum is to be treated as adjudged to be paid by a conviction of the court.
(7) In order to take account of changes in the value of money the Secretary of State may by order substitute another sum for the sum for the time being specified in subsection (6)(a).
(8) Where a UK-connected cryptoasset service provider—
(a) is required by an order under subsection (3) to realise a portion of cryptoassets having a specified value, but
(b) on realising cryptoassets under the order, obtains proceeds of an amount which differs from that value,
it does not fail to comply with the order solely because of that difference in value, provided that it took reasonable steps to obtain proceeds equal to the value specified.
67ZB Meaning of “UK-connected cryptoasset service provider”
(1) “UK-connected cryptoasset service provider” in section 67ZA means a cryptoasset service provider which—
(a) is acting in the course of business carried on by it in the United Kingdom,
(b) has terms and conditions with the persons to whom it provides services which provide for a legal dispute to be litigated in the courts of a part of the United Kingdom,
(c) holds in the United Kingdom any data relating to the persons to whom it provides services, or
(d) meets the condition in subsection (2).
(2) The condition in this subsection is that—
(a) the cryptoasset service provider has its registered office or, if it does not have one, its head office in the United Kingdom, and
(b) the day-to-day management of the provider’s business is the responsibility of that office or another establishment maintained by it in the United Kingdom.
(3) “Cryptoasset service provider” in subsections (1) and (2) includes a cryptoasset exchange provider and a custodian wallet provider; and for this purpose—
“cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—
exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets;
exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another;
operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets;
“custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—
cryptoassets on behalf of its customers, or
private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.
(4) In the definition of “cryptoasset exchange provider” in subsection (3), “cryptoasset” includes a right to, or interest in, a cryptoasset.
(5) The Secretary of State may by regulations amend the definitions in subsection (3) (including by amending subsection (4)).
(1) This section applies to personal property which is held by a person and which—
(a) has been seized by an appropriate officer under a relevant seizure power, or
(b) has been produced to an appropriate officer in compliance with a production order under section 345.
(3) If—
(a) a confiscation order is made against the person by whom the property is held, and
(b) a receiver has not been appointed under section 50 in relation to the property,
a magistrates' court may by order authorise an appropriate officer to realise the property.
(4) In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 41A.
(1) This section applies to cryptoassets which are held by a person and which have been seized by an appropriate officer under a relevant seizure power.
(2) A magistrates’ court may by order authorise an appropriate officer to destroy the cryptoassets if—
(a) a confiscation order is made against the person by whom the cryptoassets are held,
(b) a receiver has not been appointed under section 50 in relation to the cryptoassets, and
(c) either—
(i) it is not reasonably practicable to realise the cryptoassets, or
(ii) there are reasonable grounds to believe that the realisation of the cryptoassets would be contrary to the public interest, having regard in particular to how likely it is that the entry of the cryptoassets into general circulation would facilitate criminal conduct by any person.
(3) An order under this section—
(a) must set out the court’s assessment of the market value of the cryptoassets to which it relates;
(b) may authorise the destruction of cryptoassets only to the extent that their market value, as set out in the order, is less than or equal to the amount remaining to be paid under the confiscation order.
(4) Before making an order under this section, the court must give persons who hold interests in the cryptoassets a reasonable opportunity to make representations to it.
(5) If cryptoassets held by a person are destroyed following an order under this section, the person is to be treated as having paid, towards satisfaction of the confiscation order, an amount equal to the market value, as set out in the order, of the cryptoassets which have been destroyed.
(6) In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 41A.
(1) This section applies if a magistrates' court makes an order under section 67A.
(2) The court may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in—
(a) storing or insuring the property since it was seized or produced as mentioned in subsection (1) of that section;
(b) realising the property.
(3) If the court makes a determination under this section the appropriate officer is entitled to payment of the amount under section 55(4).
(4) A determination under this section may be made on the same occasion as the section 67A order or on any later occasion; and more than one determination may be made in relation to any case.
(5) In this section “appropriate officer” has the same meaning as in section 41A.
(1) This section applies to sums which—
(a) are in the hands of an appropriate officer, and
(b) are the proceeds of the realisation of property under section 67ZA or 67A.
(2) The sums must be applied as follows—
(a) first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432;
(b) second, they must be applied in making any payments directed by the magistrates' court or the Crown Court;
(c) third, they must be paid to the appropriate designated officer on account of the amount payable under the confiscation order.
(3) If the amount payable under the confiscation order has been fully paid and any sums remain in the appropriate officer's hands, the appropriate officer must distribute them—
(a) among such persons who held (or hold) interests in the property represented by the proceeds as the magistrates' court or the Crown Court directs, and
(b) in such proportions as it directs.
(4) Before making a direction under subsection (3) the court must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to it.
(5) If the magistrates' court has made a direction under subsection (2)(b) or (3) in respect of the proceeds of realisation of any property, the Crown Court may not make a direction under either of those provisions in respect of the proceeds of realisation of that property; and vice versa.
(6) In this section—
“appropriate officer” has the same meaning as in section 41A;
“appropriate designated officer” means the designated officer for the magistrates' court which, by virtue of section 35, is responsible for enforcing the confiscation order as if it were a fine.
(1) If the Crown Court makes a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.
(2) If the Crown Court decides not to make a confiscation order, the prosecutor may appeal to the Court of Appeal against the decision.
(3) For the defendant’s right of appeal—
(a) where the Crown Court makes a confiscation order, and
(b) in respect of an order fixing the default term,
see section 50(1) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, both such orders form part of the defendant’s sentence).
(4) On an appeal under subsection (1) the Court of Appeal—
(a) may confirm, vary or quash the confiscation order, and
(b) if it quashes the order, may direct the Crown Court to proceed afresh under section 6.
(5) On an appeal under subsection (2) the Court of Appeal—
(a) may confirm the decision, or
(b) if it believes that the decision was wrong, may—
(i) itself proceed under section 6 (ignoring subsections (1) to (3)), or
(ii) direct the Crown Court to proceed afresh under that section.
(6) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.
(7) On an appeal from a decision of the Court of Appeal to confirm, vary or make a confiscation order the Supreme Court may confirm, vary or quash the order.
(8) On an appeal from a decision of the Court of Appeal to confirm the decision of the Crown Court not to make a confiscation order, or from a decision of the Court of Appeal to quash a confiscation order, the Supreme Court may—
(a) confirm the decision, or
(b) direct the Crown Court to proceed afresh under section 6 if it believes the decision was wrong.
(9) In proceeding afresh under section 6 pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.
(1) This section applies if a court makes or varies a confiscation order pursuant to section 67E.
(2) The court must—
(a) have regard to any fine imposed on the defendant in respect of the offence (or any of the offences) concerned;
(b) have regard to any order which falls within section 13(3) and has been made against the defendant in respect of the offence (or any of the offences) concerned, unless the order has already been taken into account by a court in deciding what is the free property held by the defendant for the purposes of section 9.
(3) Subsections (4) to (9) apply if a court makes a confiscation order pursuant to section 67E.
(4) If a court has already sentenced the defendant for the offence (or any of the offences) concerned, section 6 has effect as if the defendant’s particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding the defendant’s sentence for the offence or offences concerned.
(5) If an order falling with subsection (6) has been made against the defendant in respect of the offence (or any of the offences) concerned the court must have regard to the order.
(6) These orders fall within this subsection—
(a) a compensation order under Chapter 2 of Part 7 of the Sentencing Code;
(b) an order requiring payment of a surcharge under section 42 of the Sentencing Code;
(c) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;
(d) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.
(7) Section 8(2) does not apply, and the rules applying instead are that the court must—
(a) take account of conduct occurring before the relevant date;
(b) take account of property obtained before that date;
(c) take account of property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.
(8) In section 10—
(a) the first and second assumptions do not apply with regard to property first held by the defendant on or after the relevant date;
(b) the third assumption does not apply with regard to expenditure incurred by the defendant on or after that date;
(c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by the defendant on or after that date.
(9) Section 26 applies as it applies in the circumstances mentioned in subsection (1) of that section.
(10) For the purposes of this section, “the relevant date” is—
(a) in a case where the Crown Court made a confiscation order which was quashed by the Court of Appeal, the date on which the Crown Court made the order;
(b) in any other case, the date on which the Crown Court decided not to make a confiscation order.
67G Appeals in relation to section 10A determinations
(1) If a court makes a determination under section 10A of the extent of the defendant’s interest in property, the following may appeal to the Court of Appeal in respect of the determination—
(a) the prosecutor;
(b) the defendant, if subsection (2) applies;
(c) a person who the Court of Appeal believes is or may be a person holding an interest in the property, if subsection (2) applies.
(2) This subsection applies if—
(a) the defendant or (as the case may be) the person within subsection (1)(c) was not given a reasonable opportunity to make representations when the determination was made, or
(b) it appears to the Court of Appeal to be arguable that giving effect to the determination would result in a serious risk of injustice to the defendant or that other person.
(3) But there is no right of appeal for the defendant or a person within subsection (1)(c) if—
(a) the Court of Appeal believes that an application under section 50 is to be made by the prosecutor for the appointment of a receiver,
(b) such an application has been made but not yet determined, or
(c) a receiver has been appointed under section 50.
(4) On an appeal under this section the Court of Appeal may—
(a) confirm the determination, or
(b) make such order as it believes is appropriate.
(5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.
(6) On an appeal under subsection (5) the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
(1) If, on an application under section 13A(3)(b), the Crown Court decides not to make a compliance order, the prosecutor may appeal to the Court of Appeal against the decision.
(2) If the Crown Court decides to make, discharge or vary a compliance order, the following persons may appeal to the Court of Appeal in respect of the decision—
(a) the prosecutor;
(b) the defendant;
(c) any other person affected by the order.
(3) On an appeal under subsection (1) or (2) the Court of Appeal may—
(a) confirm the decision, or
(b) make such order as it believes is appropriate.
(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings on the appeal.
(5) On an appeal under subsection (4) the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
(6) In this section “compliance order” means an order made under section 13A.
67I Appeals in relation to variations of confiscation order
(1) If the Crown Court makes an order under section 21, 22 or 23 varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order.
(2) For the defendant’s right of appeal where the Crown Court makes an order under section 21 or 22, see section 50(1)(cb) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence).
(3) On an appeal under subsection (1) the Court of Appeal—
(a) may confirm, vary or quash the order concerned, and
(b) if it quashes the order, may direct the Crown Court to proceed afresh under section 21, 22 or 23.
(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor.
(5) On an appeal from a decision of the Court of Appeal to confirm or vary the order concerned the Supreme Court may confirm, vary or quash the order.
(6) On an appeal from a decision of the Court of Appeal to quash the order concerned the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) direct the Crown Court to proceed afresh under section 21, 22 or 23 if it believes the decision was wrong.
(7) In proceeding afresh pursuant to this section, the Crown Court must comply with any directions the Court of Appeal or (as the case may be) the Supreme Court may make.
(1) If, on an application under section 42 for a restraint order, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
(2) If an application is made under section 42(3) in relation to a restraint order or an order under section 41(7), the following may appeal to the Court of Appeal in respect of the Crown Court’s decision on the application—
(a) the person who applied for the order;
(b) any person affected by the order.
(3) On an appeal under subsection (1) or (2) the Court of Appeal may—
(a) confirm the decision, or
(b) make such order as it believes is appropriate.
(4) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.
(5) On an appeal under subsection (4) the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.
67K Appeals in relation to management and enforcement receivers
(1) If, on an application for an order under any of sections 48 to 51 or 62, the Crown Court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
(2) If the Crown Court makes an order under any of sections 48 to 51 or 62, any of the following may appeal to the Court of Appeal in respect of the order—
(a) the person who applied for the order;
(b) any person affected by the order;
(c) if the order was made under section 62, the receiver.
(3) The following may appeal to the Court of Appeal against a decision of the Crown Court on an application under section 63—
(a) the person who applied for the order in respect of which the application was made;
(b) any person affected by the court’s decision;
(c) the receiver.
(4) On an appeal under this section the Court of Appeal may—
(a) confirm the decision, or
(b) make such order as it believes is appropriate.
(5) An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of any person who was a party to the proceedings before the Court of Appeal.
(6) On an appeal under subsection (5) the Supreme Court may—
(a) confirm the decision of the Court of Appeal, or
(b) make such order as it believes is appropriate.