The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
12 Application for the release of frozen cryptoassets
(1) An application under section 303Z51(1) of the Act for the release of cryptoassets held in a crypto wallet in respect of which a crypto wallet freezing order has effect must be made in writing 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 section 303Z37(2) or (5) of the Act 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– (a) the Commissioners for His Majesty’s Revenue and Customs, if the application for the crypto wallet freezing order was made by an officer of Revenue and Customs; (b) the Director General of the National Crime Agency, if the application for the crypto wallet freezing order was made by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013; (c) the chief officer of the police force to which the constable belongs, if the application for the crypto wallet freezing order was made by a constable; (d) the chief officer of the police force concerned, if the application for the crypto wallet freezing order was made 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; (e) the solicitor acting for the Secretary of State, if the application for the crypto wallet freezing order was made by an immigration officer; (f) the solicitor acting for a government department, if the application for the crypto wallet freezing order was made by an accredited financial investigator who is a member of staff of that government department, but who is not an officer of Revenue and Customs, a constable or an immigration officer; (g) the employer of an accredited financial investigator, if the application for the crypto wallet freezing order was made by that accredited financial investigator, and the employer is not otherwise mentioned in this paragraph, and (h) the Director of Public Prosecutions, where the Director has given notification under rule 16. (4) A person, other than the applicant or the Director of Public Prosecutions, 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, 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 every person to whom the crypto wallet freezing order, or an order extending the period of such an order from two to up to three years under section 303Z37(5) of the Act, has been given. (7) At the hearing of an application under section 303Z51(1) 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 crypto wallet which is the subject of the application. (8) An order under section 303Z51(4) or (5) of the Act 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 in the order, except that the cryptoassets may not be released whilst section 303Z42(3) to (5) of the Act applies. (9) The court must give copies of an 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 order under paragraph (9) must give a copy of the order to any other person to whom a copy of the crypto wallet freezing order has been given.
12 Application for the release of frozen cryptoassets
(1) An application under section 303Z51(1) of the Act for the release of cryptoassets held in a crypto wallet in respect of which a crypto wallet freezing order has effect must be made in writing 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 section 303Z37(2) or (5) of the Act 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– (a) the Commissioners for His Majesty’s Revenue and Customs, if the application for the crypto wallet freezing order was made by an officer of Revenue and Customs; (b) the Director General of the National Crime Agency, if the application for the crypto wallet freezing order was made by a National Crime Agency officer who is designated under section 10 of the Crime and Courts Act 2013; (c) the chief officer of the police force to which the constable belongs, if the application for the crypto wallet freezing order was made by a constable; (d) the chief officer of the police force concerned, if the application for the crypto wallet freezing order was made 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; (e) the solicitor acting for the Secretary of State, if the application for the crypto wallet freezing order was made by an immigration officer; (f) the solicitor acting for a government department, if the application for the crypto wallet freezing order was made by an accredited financial investigator who is a member of staff of that government department, but who is not an officer of Revenue and Customs, a constable or an immigration officer; (g) the employer of an accredited financial investigator, if the application for the crypto wallet freezing order was made by that accredited financial investigator, and the employer is not otherwise mentioned in this paragraph, and (h) the Director of Public Prosecutions, where the Director has given notification under rule 16. (4) A person, other than the applicant or the Director of Public Prosecutions, 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, 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 every person to whom the crypto wallet freezing order, or an order extending the period of such an order from two to up to three years under section 303Z37(5) of the Act, has been given. (7) At the hearing of an application under section 303Z51(1) 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 crypto wallet which is the subject of the application. (8) An order under section 303Z51(4) or (5) of the Act 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 in the order, except that the cryptoassets may not be released whilst section 303Z42(3) to (5) of the Act applies. (9) The court must give copies of an 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 order under paragraph (9) must give a copy of the order to any other person to whom a copy of the crypto wallet freezing order has been given.
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