The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
15 Application for compensation
(1) An application under section 303Z52(2) of the Act for an order for compensation under section 303Z52(3) must be made in writing and sent to the court before which the applicant wishes to make the application. (2) But if the applicant has been given a copy of an order under any of sections 303Z30(1), 303Z32(1) or (4) or 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 cryptoassets which are the subject of the application were seized by a customs officer; (b) the Director General of the National Crime Agency, if the cryptoassets which are the subject of the application were seized 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 cryptoassets which are the subject of the application were seized by a constable; (d) the Director of the Serious Fraud Office, if the cryptoassets which are the subject of the application were seized by an officer of the Serious Fraud Office; (e) the Secretary of State, if the property which is the subject of the application was seized by an immigration officer, and (f) the person identified under section 303Z52(9) of the Act, if the cryptoassets which are the subject of the application were seized by an accredited financial investigator. (4) The person 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 under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act in respect of the cryptoassets which are the subject of the application 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 the 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, 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 under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act in respect of the cryptoassets which are the subject of the application has been given. (7) The court must give copies of the order for compensation under section 303Z52(3) of the Act to the applicant and to the person to whom copies of the application are required to be sent under paragraph (3). (8) The person, other than the applicant, who has been given copies of the order under paragraph (7) must give a copy of the order to any other person to whom a copy of the most recent order under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act in respect of the cryptoassets which are the subject of the application has been given.
15 Application for compensation
(1) An application under section 303Z52(2) of the Act for an order for compensation under section 303Z52(3) must be made in writing and sent to the court before which the applicant wishes to make the application. (2) But if the applicant has been given a copy of an order under any of sections 303Z30(1), 303Z32(1) or (4) or 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 cryptoassets which are the subject of the application were seized by a customs officer; (b) the Director General of the National Crime Agency, if the cryptoassets which are the subject of the application were seized 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 cryptoassets which are the subject of the application were seized by a constable; (d) the Director of the Serious Fraud Office, if the cryptoassets which are the subject of the application were seized by an officer of the Serious Fraud Office; (e) the Secretary of State, if the property which is the subject of the application was seized by an immigration officer, and (f) the person identified under section 303Z52(9) of the Act, if the cryptoassets which are the subject of the application were seized by an accredited financial investigator. (4) The person 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 under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act in respect of the cryptoassets which are the subject of the application 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 the 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, 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 under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act in respect of the cryptoassets which are the subject of the application has been given. (7) The court must give copies of the order for compensation under section 303Z52(3) of the Act to the applicant and to the person to whom copies of the application are required to be sent under paragraph (3). (8) The person, other than the applicant, who has been given copies of the order under paragraph (7) must give a copy of the order to any other person to whom a copy of the most recent order under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act in respect of the cryptoassets which are the subject of the application has been given.
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