The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024

26 Amendment of the Magistrates’ Courts (Freezing and Forfeiture of Money in Bank and Building Society Accounts) Rules 2017

(1) The Magistrates’ Courts (Freezing and Forfeiture of Money in Bank and Building Society Accounts) Rules 2017 are amended as follows. (2) In rule 2 (interpretation), after paragraph (c), insert— (ca) “freezing order” means an order made under— (i) section 303Z3(2) of the Act (account freezing orders); (ii) section 303Z37(2) of the Act (crypto wallet freezing orders); (cb) “order for further detention” means an order made under— (i) section 295(2) of the Act (further detention of seized cash); (ii) section 303l(1) of the Act (further detention of seized property); (iii) section 303Z28(1) or (4) of the Act (further detention of cryptoasset related items); (iv) section 303Z32(1) or (4) of the Act (further detention of cryptoassets). . (3) In rule 3 (application for account freezing order)— (a) in paragraph (1), for “paragraph” substitute “section”; (b) in paragraph (3), at the beginning, insert “Except where the application is made without notice,”. (4) After rule 4 insert— Application for the release of frozen money 4A. (1) An application under section 303Z17A(1) of the Act for the release of money in respect of which an account freezing order has effect 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 given notice of an order under section 303Z3(2) of the Act in respect of the account which is the subject of the application, then the application must be sent to the court which sent the applicant that notice. (3) The court must send a copy of the application to— (a) the Commissioners for His Majesty’s Revenue and Customs, if the application for the account freezing order was made by an officer of Revenue and Customs; (b) the Director of the SFO, if the application for the account freezing order was made by an SFO officer; (c) the Director General of the National Crime Agency, if the application for the account freezing order was made 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 application for the account freezing order was made by a constable; (e) the chief officer of the police force concerned, if the application for the account 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; (f) the solicitor acting for the Secretary of State, if the application for the account freezing order was made by an immigration officer; (g) the solicitor acting for a government department, if the application for the account 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; (h) the employer of an accredited financial investigator, if the application for the account freezing order was made by that accredited financial investigator, and the employer is not otherwise mentioned in this paragraph; (i) the Director of Public Prosecutions, where the Director has given notification under rule 16, and (j) every person to whom notice of the account freezing order has been given. (4) 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). (5) At the hearing of an application under section 303Z17A(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 property which is the subject of the application. (6) An order under section 303Z17A(4) or (5) must provide for the release of the money within seven days 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 money may not be released whilst section 303Z17A(8) applies. . (5) In rule 5 (application for forfeiture of frozen money), in paragraph (2), for “order made under section 295(2) or 303L(1) of the Act” substitute “order for further detention”.