The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
9 Applications for the release of detained cryptoassets and cryptoasset-related items
(1) An application under sections 303Z34(3) or 303Z50(1) of the Act for the release of detained cryptoassets or cryptoasset-related items 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 a copy of an order under any of sections 303Z28(1) or (4), 303Z30(1) or 303Z32(1) or (4) of the Act in respect of the detained property, 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 property to which the application relates was seized by an officer of Revenue and Customs, (b) the Director of the SFO, if the property to which the application relates was seized by an SFO officer, (c) the Director General of the National Crime Agency, if the property to which the application relates was seized 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 property to which the application relates was seized by a constable, (e) the chief officer of the police force concerned, if the property to which the application relates was seized 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 property to which the application relates was seized by an immigration officer, (g) the solicitor acting for a government department, if the property to which the application relates was seized 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 property to which the application relates was seized 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 16. (4) A person, other than the Director of Public Prosecutions, who has been sent copies of the application under paragraphs (3) must send a copy of the application 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. (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 303Z50(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. (8) A direction under section 303Z34(2) or an order under section 303Z50(4) or (5) of the Act must provide for the release of the detained property 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 cryptoassets may not be released whilst section 303Z42(2) 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 Applications for the release of detained cryptoassets and cryptoasset-related items
(1) An application under sections 303Z34(3) or 303Z50(1) of the Act for the release of detained cryptoassets or cryptoasset-related items 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 a copy of an order under any of sections 303Z28(1) or (4), 303Z30(1) or 303Z32(1) or (4) of the Act in respect of the detained property, 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 property to which the application relates was seized by an officer of Revenue and Customs, (b) the Director of the SFO, if the property to which the application relates was seized by an SFO officer, (c) the Director General of the National Crime Agency, if the property to which the application relates was seized 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 property to which the application relates was seized by a constable, (e) the chief officer of the police force concerned, if the property to which the application relates was seized 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 property to which the application relates was seized by an immigration officer, (g) the solicitor acting for a government department, if the property to which the application relates was seized 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 property to which the application relates was seized 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 16. (4) A person, other than the Director of Public Prosecutions, who has been sent copies of the application under paragraphs (3) must send a copy of the application 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. (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 303Z50(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. (8) A direction under section 303Z34(2) or an order under section 303Z50(4) or (5) of the Act must provide for the release of the detained property 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 cryptoassets may not be released whilst section 303Z42(2) 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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