The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
13 Application for forfeiture of cryptoassets which are detained or frozen
(1) An application under section 303Z41(2) of the Act for the forfeiture of detained cryptoassets must be made in writing and sent to the court to which any applications for prior authorisation for the detention of the cryptoassets under section 303Z30(2) of the Act, or for the further detention of the cryptoassets under section 303Z32(5) of the Act, have been sent. (2) Where no applications in respect of the detained cryptoassets have been made under section 303Z30(2) or 303Z32(5) of the Act, the application for forfeiture must be sent— (a) to the court before which the applicant wishes to make the application, or (b) where the reasonable grounds for suspicion which led to the seizure of the cryptoassets to which the application for forfeiture relates are connected to— (i) the reasonable grounds for suspicion which led to the seizure of cash or other property to which an order for further detention relates, or (ii) the reasonable grounds for suspicion which led to the making of a freezing order, to any court which made an order listed in sub-paragraph (i) or (ii). (3) An application under section 303Z41(2) of the Act for the forfeiture of cryptoassets held in a crypto wallet which is subject to a crypto wallet freezing order under section 303Z37(2) of the Act must be made in writing and sent to the court to which the application for the crypto wallet freezing order under section 303Z36(2) was sent. (4) But where the reasonable grounds for suspicion which led to the application for forfeiture of cryptoassets held in a crypto wallet which is subject to a crypto wallet freezing order are connected to the reasonable grounds for suspicion which led to the seizure of cash or other property to which a previous order for further detention relates— (a) the application under section 303Z41(2) of the Act must specify the connection with the previous order, and (b) the application under section 303Z41(2) of the Act may be sent to any court which made such a previous order. (5) The applicant must send a copy of an application for forfeiture to every person to whom a copy of an order made under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act has been given, and to any other person identified by the applicant as being affected by the application. (6) The court must fix a date for a directions hearing, 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. (7) The applicant must notify the date fixed for the directions hearing to every person to whom a copy of the application is required to be sent under paragraph (5). (8) At the directions hearing, the court may give directions relating to the management of the proceedings, including directions as to the date for the hearing of the application. (9) If neither the person from whom the cryptoassets were seized, nor any other person who is affected by the detention of the cryptoassets or the crypto wallet freezing order, nor the person by or for whom the crypto wallet which is the subject of the application is administered, seeks to contest the application, the court may decide the application at the directions hearing. (10) The court must give copies of the order for the forfeiture of cryptoassets under section 303Z41(4) or 303Z45(7) of the Act to the applicant. (11) The applicant must give a copy of the order for the forfeiture of cryptoassets to every person to whom a copy of an order made under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) in respect of the detained cryptoassets or the crypto wallet has been given and to any other person known to be affected by the order for forfeiture of cryptoassets.
13 Application for forfeiture of cryptoassets which are detained or frozen
(1) An application under section 303Z41(2) of the Act for the forfeiture of detained cryptoassets must be made in writing and sent to the court to which any applications for prior authorisation for the detention of the cryptoassets under section 303Z30(2) of the Act, or for the further detention of the cryptoassets under section 303Z32(5) of the Act, have been sent. (2) Where no applications in respect of the detained cryptoassets have been made under section 303Z30(2) or 303Z32(5) of the Act, the application for forfeiture must be sent— (a) to the court before which the applicant wishes to make the application, or (b) where the reasonable grounds for suspicion which led to the seizure of the cryptoassets to which the application for forfeiture relates are connected to— (i) the reasonable grounds for suspicion which led to the seizure of cash or other property to which an order for further detention relates, or (ii) the reasonable grounds for suspicion which led to the making of a freezing order, to any court which made an order listed in sub-paragraph (i) or (ii). (3) An application under section 303Z41(2) of the Act for the forfeiture of cryptoassets held in a crypto wallet which is subject to a crypto wallet freezing order under section 303Z37(2) of the Act must be made in writing and sent to the court to which the application for the crypto wallet freezing order under section 303Z36(2) was sent. (4) But where the reasonable grounds for suspicion which led to the application for forfeiture of cryptoassets held in a crypto wallet which is subject to a crypto wallet freezing order are connected to the reasonable grounds for suspicion which led to the seizure of cash or other property to which a previous order for further detention relates— (a) the application under section 303Z41(2) of the Act must specify the connection with the previous order, and (b) the application under section 303Z41(2) of the Act may be sent to any court which made such a previous order. (5) The applicant must send a copy of an application for forfeiture to every person to whom a copy of an order made under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act has been given, and to any other person identified by the applicant as being affected by the application. (6) The court must fix a date for a directions hearing, 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. (7) The applicant must notify the date fixed for the directions hearing to every person to whom a copy of the application is required to be sent under paragraph (5). (8) At the directions hearing, the court may give directions relating to the management of the proceedings, including directions as to the date for the hearing of the application. (9) If neither the person from whom the cryptoassets were seized, nor any other person who is affected by the detention of the cryptoassets or the crypto wallet freezing order, nor the person by or for whom the crypto wallet which is the subject of the application is administered, seeks to contest the application, the court may decide the application at the directions hearing. (10) The court must give copies of the order for the forfeiture of cryptoassets under section 303Z41(4) or 303Z45(7) of the Act to the applicant. (11) The applicant must give a copy of the order for the forfeiture of cryptoassets to every person to whom a copy of an order made under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) in respect of the detained cryptoassets or the crypto wallet has been given and to any other person known to be affected by the order for forfeiture of cryptoassets.
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