The Magistrates’ Courts (Conversion of Cryptoassets) Rules 2024
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Change 1
9 Application for release of detained converted cryptoassets
(1) An application for the release of detained converted cryptoassets under section 303Z59(3) or section 303Z63(2) of the Act 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 sections 303Z57(3) or (5) or 303Z58(3) or (5) in respect of the detained converted cryptoassets (“an order for further detention”), 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— (a) the Commissioners for His Majesty’s Revenue and Customs, if the order for further detention was applied for by an officer of Revenue and Customs, (b) the Director of the SFO, if the order for further detention was applied for by an SFO officer, (c) the Director General of the National Crime Agency, if the order for further detention was applied for by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013, (d) the chief officer of the police force to which the constable belongs, if the order for further detention was applied for by a constable, (e) the chief officer of the police force concerned, if the order for further detention was applied for by an accredited financial investigator who is— (i) a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), or (ii) a member of staff of the City of London police force, (f) the solicitor acting for the Secretary of State, if the order for further detention was applied for by an immigration officer, (g) the solicitor acting for a government department, if the order for further detention was applied for by an accredited financial investigator who is a member of staff of that department of the government in the United Kingdom, but who is not an officer of Revenue and Customs, a constable or an immigration officer, (h) the employer of an accredited financial investigator, if the order for further detention was applied for by that accredited financial investigator, and the employer is not otherwise mentioned in this paragraph, and (i) the Director of Public Prosecutions, where the Director has given notification under rule 12. (4) A person, other than the Director of Public Prosecutions, who has been sent copies of the application under paragraph (3) must send a copy of the application to any other person to whom a copy of the most recent order under section 303Z57(3) or (5) or 303Z58(3) or (5) of the Act 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 every person to whom a copy of the application is required to be sent under paragraph (3). (6) A person, other than the applicant or the Director of Public Prosecutions, who has been notified of the date fixed for the hearing of the application under paragraph (5) must notify that date to any other person to whom a copy of the most recent order under any of sections 303Z28(1) or (4), 303Z30(1) or 303Z32(1) or (4) of the Act has been given. (7) At the hearing of an application under section 303Z59(3) or section 303Z63(2) of the Act, the court may, if it thinks fit, order that the application be heard with any other relevant proceedings in relation to the detained converted cryptoassets. (8) A direction under section 303Z59(2) or an order under section 303Z63 (4) or (6) of the Act must provide for the release of the detained converted cryptoassets within seven days of the date of the making of the direction or order or such longer period as with the agreement of the applicant may be specified in the direction or order, except that the detained converted cryptoasset may not be released whilst section 303Z60(6) of the Act applies. (9) The court must give copies of the direction or order to the applicant and to the persons to whom copies of the application are required to be sent under paragraph (3). (10) A person, other than the applicant or the Director of Public Prosecutions, who has been given copies of the direction or order under paragraph (9) must give a copy of the direction or order to any other person to whom a copy of the most recent order under any of sections 303Z28(1) or (4), 303Z30(1) or 303Z32(1) or (4) of the Act has been given.
9 Application for release of detained converted cryptoassets
(1) An application for the release of detained converted cryptoassets under section 303Z59(3) or section 303Z63(2) of the Act 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 sections 303Z57(3) or (5) or 303Z58(3) or (5) in respect of the detained converted cryptoassets (“an order for further detention”), 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— (a) the Commissioners for His Majesty’s Revenue and Customs, if the order for further detention was applied for by an officer of Revenue and Customs, (b) the Director of the SFO, if the order for further detention was applied for by an SFO officer, (c) the Director General of the National Crime Agency, if the order for further detention was applied for by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013, (d) the chief officer of the police force to which the constable belongs, if the order for further detention was applied for by a constable, (e) the chief officer of the police force concerned, if the order for further detention was applied for by an accredited financial investigator who is— (i) a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), or (ii) a member of staff of the City of London police force, (f) the solicitor acting for the Secretary of State, if the order for further detention was applied for by an immigration officer, (g) the solicitor acting for a government department, if the order for further detention was applied for by an accredited financial investigator who is a member of staff of that department of the government in the United Kingdom, but who is not an officer of Revenue and Customs, a constable or an immigration officer, (h) the employer of an accredited financial investigator, if the order for further detention was applied for by that accredited financial investigator, and the employer is not otherwise mentioned in this paragraph, and (i) the Director of Public Prosecutions, where the Director has given notification under rule 12. (4) A person, other than the Director of Public Prosecutions, who has been sent copies of the application under paragraph (3) must send a copy of the application to any other person to whom a copy of the most recent order under section 303Z57(3) or (5) or 303Z58(3) or (5) of the Act 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 every person to whom a copy of the application is required to be sent under paragraph (3). (6) A person, other than the applicant or the Director of Public Prosecutions, who has been notified of the date fixed for the hearing of the application under paragraph (5) must notify that date to any other person to whom a copy of the most recent order under any of sections 303Z28(1) or (4), 303Z30(1) or 303Z32(1) or (4) of the Act has been given. (7) At the hearing of an application under section 303Z59(3) or section 303Z63(2) of the Act, the court may, if it thinks fit, order that the application be heard with any other relevant proceedings in relation to the detained converted cryptoassets. (8) A direction under section 303Z59(2) or an order under section 303Z63 (4) or (6) of the Act must provide for the release of the detained converted cryptoassets within seven days of the date of the making of the direction or order or such longer period as with the agreement of the applicant may be specified in the direction or order, except that the detained converted cryptoasset may not be released whilst section 303Z60(6) of the Act applies. (9) The court must give copies of the direction or order to the applicant and to the persons to whom copies of the application are required to be sent under paragraph (3). (10) A person, other than the applicant or the Director of Public Prosecutions, who has been given copies of the direction or order under paragraph (9) must give a copy of the direction or order to any other person to whom a copy of the most recent order under any of sections 303Z28(1) or (4), 303Z30(1) or 303Z32(1) or (4) of the Act has been given.
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