Textual Amendments
F1Word in Sch. 1 heading substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(2); S.I. 2018/78, reg. 5(1)(c)
Textual Amendments
F2Sch. 1 Pts. 4BA-4BD inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 10 para. 2
10Z7D(1)In this Part—
“converted cryptoassets” is to be read in accordance with paragraphs 10Z7DD and 10Z7DE;
“crypto wallet freezing order” has the same meaning as in Part 4BB (see paragraph 10Z7B(6));
“relevant court” means—
in England and Wales and Northern Ireland, a magistrates’ court;
in Scotland, the sheriff;
“relevant financial institution” has the same meaning as in Part 4B (see paragraph 10Q);
“UK-connected cryptoasset service provider” has the same meaning as in Part 4BB (see paragraph 10Z7B(7)).
(2)Paragraph 10Z7B(6)(b) (administration of crypto wallets) applies in relation to this Part as it applies in relation to Part 4BB.
(3)In this Part references to the conversion of cryptoassets into money are references to the conversion of cryptoassets into—
(a)cash, or
(b)money held in an account maintained with a relevant financial institution.
(4)For the purposes of Parts 2 to 4, converted cryptoassets detained under this Part are not to be treated as cash detained under this Schedule.
10Z7DA(1)Sub-paragraph (2) applies while any cryptoassets are detained in pursuance of an order under paragraph 10Z7AE or 10Z7AG (including where cryptoassets are subject to forfeiture proceedings).
(2)A person within sub-paragraph (3) may apply to the relevant court for an order requiring all of the cryptoassets detained pursuant to the order to be converted into money.
(3)The following persons are within this sub-paragraph—
(a)an authorised officer;
(b)a person from whom the cryptoassets were seized.
(4)In deciding whether to make an order under this paragraph, the court must have regard to whether the cryptoassets (as a whole) are likely to suffer a significant loss in value during the period before they are released or forfeited (including the period during which an appeal against an order for forfeiture may be made).
(5)Before making an order under this paragraph the court must give an opportunity to be heard to—
(a)the parties to the proceedings, and
(b)any other person who may be affected by its decision.
(6)As soon as practicable after an order is made under this paragraph, an authorised officer must convert the cryptoassets, or arrange for the cryptoassets to be converted, into money.
(7)The conversion of cryptoassets under sub-paragraph (6) must be carried out, so far as practicable, in the manner best calculated to maximise the amount of money obtained for the cryptoassets.
(8)At the first opportunity after the cryptoassets are converted, the authorised officer must arrange for the amount of money obtained for the cryptoassets to be paid into an interest-bearing account and held there.
(9)Interest accruing on the amount is to be added to it on its forfeiture or release.
(10)Where cryptoassets are converted into money in accordance with an order made under this paragraph—
(a)the cryptoassets are no longer to be treated as being detained in pursuance of an order under paragraph 10Z7AE or 10Z7AG, and
(b)any application made under paragraph 10Z7CA(2) in relation to the cryptoassets which has not yet been determined or otherwise disposed of (including under paragraph 10Z7CD or 10Z7CE) is to be treated as if it were an application made under paragraph 10Z7DG(2) in relation to the converted cryptoassets.
(11)An order made under this paragraph must provide for notice to be given to persons affected by the order.
(12)No appeal may be made against an order made under this paragraph.
10Z7DB(1)This paragraph applies while a crypto wallet freezing order under paragraph 10Z7BB has effect (including where cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order are subject to forfeiture proceedings).
(2)A person within sub-paragraph (3) may apply to the relevant court for an order requiring all of the cryptoassets held in the crypto wallet to be converted into money.
(3)The following persons are within this sub-paragraph—
(a)an authorised officer;
(b)a person by or for whom the crypto wallet is administered.
(4)In deciding whether to make an order under this paragraph, the court must have regard to whether the cryptoassets (as a whole) are likely to suffer a significant loss in value during the period before—
(a)the crypto wallet freezing order ceases to have effect, or
(b)the cryptoassets are forfeited (including the period during which an appeal against an order for forfeiture may be made).
(5)Before making an order under this paragraph the court must give an opportunity to be heard to—
(a)the parties to the proceedings, and
(b)any other person who may be affected by its decision.
(6)As soon as practicable after an order is made under this paragraph, the UK-connected cryptoasset service provider that administers the crypto wallet must convert the cryptoassets, or arrange for the cryptoassets to be converted, into money.
(7)The conversion of cryptoassets under sub-paragraph (6) must be carried out, so far as practicable, in the manner best calculated to maximise the amount of money obtained for the cryptoassets.
(8)At the first opportunity after the cryptoassets are converted, the UK-connected cryptoasset service provider must arrange for the amount of money obtained for the cryptoassets to be paid into an interest-bearing account nominated by an authorised officer and held there.
(9)But—
(a)the UK-connected cryptoasset service provider may deduct any reasonable expenses incurred by the provider in connection with the conversion of the cryptoassets, and
(b)the amount to be treated as the proceeds of the conversion of the cryptoassets is to be reduced accordingly.
(10)Interest accruing on the amount obtained for the cryptoassets is to be added to it on its forfeiture or release.
(11)Where cryptoassets are converted in accordance with an order made under this paragraph—
(a)the crypto wallet freezing order ceases to have effect,
(b)any application made under paragraph 10Z7CA(2) in relation to the cryptoassets which has not yet been determined or otherwise disposed of (including under paragraph 10Z7CD or 10Z7CE) is to be treated as if it were an application made under paragraph 10Z7DG(2) in relation to the converted cryptoassets, and
(c)any application made under paragraph 10Z7CF(2) in relation to the crypto wallet which has not yet been determined or otherwise disposed of may not be proceeded with.
(12)An order made under this paragraph must provide for notice to be given to persons affected by the order.
(13)No appeal may be made against an order made under this paragraph.
10Z7DC(1)Where—
(a)cryptoassets are forfeited under paragraph 10Z7CA or 10Z7CE, and
(b)before the cryptoassets are realised or destroyed in accordance with paragraph 10Z7CI, an order is made under paragraph 10Z7DA requiring the cryptoassets to be converted into money,
paragraph 10Z7DJ(1) applies in relation to the converted cryptoassets as if they had been detained under paragraph 10Z7DD and forfeited under paragraph 10Z7DG (and accordingly paragraph 10Z7CI ceases to apply).
(2)Where—
(a)cryptoassets are forfeited under paragraph 10Z7CA or 10Z7CE, and
(b)before the cryptoassets are realised or destroyed in accordance with paragraph 10Z7CI, an order is made under paragraph 10Z7DB requiring the cryptoassets to be converted into money,
paragraph 10Z7DJ(2) applies in relation to the converted cryptoassets as if they had been detained under paragraph 10Z7DE and forfeited under paragraph 10Z7DG (and accordingly paragraph 10Z7CI ceases to apply).
(3)Where—
(a)an appeal may be made under paragraph 10Z7CG(1) or (2) in relation to the determination of an application under paragraph 10Z7CA(2) for the forfeiture of cryptoassets (including where paragraph 10Z7CD or 10Z7CE applies), and
(b)an order is made under paragraph 10Z7DA or 10Z7DB requiring the cryptoassets to be converted into money,
the appeal may instead be made under paragraph 10Z7DH (within the time allowed by paragraph 10Z7CG(4)) as if it were an appeal against the determination of an application under paragraph 10Z7DG.
(4)Where—
(a)an appeal is made under paragraph 10Z7CG(1) or (2) in relation to the determination of an application under paragraph 10Z7CA(2) for the forfeiture of cryptoassets (including where paragraph 10Z7CD or 10Z7CE applies), and
(b)before the appeal is determined or otherwise disposed of, an order is made under paragraph 10Z7DA or 10Z7DB requiring the cryptoassets to be converted into money,
the appeal is to be treated as if it had been made under paragraph 10Z7DH(1) in relation to the determination of an application under paragraph 10Z7DG for the forfeiture of the converted cryptoassets.
10Z7DD(1)This paragraph applies where cryptoassets are converted into money in accordance with an order under paragraph 10Z7DA.
(2)The proceeds of the conversion (the “converted cryptoassets”) may be detained initially until the end of the period that the cryptoassets could, immediately before the conversion, have been detained under Part 4BA (ignoring the possibility of any extension of that period).
(3)The period for which the converted cryptoassets may be detained may be extended by an order made by the relevant court.
(4)An order under sub-paragraph (3) may not authorise the detention of the converted cryptoassets beyond the end of the period of 2 years beginning with the relevant date; but this is subject to sub-paragraph (5).
(5)The relevant court may make an order for the period of 2 years in sub-paragraph (4) to be extended to a period of up to 3 years beginning with the relevant date.
(6)In sub-paragraphs (4) and (5) “the relevant date” means the date on which the first order under paragraph 10Z7AE or 10Z7AG (as the case may be) was made in relation to the cryptoassets.
(7)An application for an order under sub-paragraph (3) or (5) may be made—
(a)in relation to England and Wales and Northern Ireland, by the Commissioners for His Majesty’s Revenue and Customs or an authorised officer;
(b)in relation to Scotland, by a procurator fiscal.
(8)The relevant court may make an order under sub-paragraph (3) only if satisfied that there are reasonable grounds for suspecting that the converted cryptoassets to be further detained—
(a)are within subsection (1)(a) or (b) of section 1, or
(b)are property earmarked as terrorist property.
(9)The relevant court may make an order under sub-paragraph (5) only if satisfied that a request for assistance is outstanding in relation to the cryptoassets mentioned in sub-paragraph (1).
(10)A “request for assistance” in sub-paragraph (9) means a request for assistance in obtaining evidence (including information in any form or article) in connection with the cryptoassets, made—
(a)by a judicial authority in the United Kingdom under section 7 of the Crime (International Co-operation) Act 2003,
(b)by an authorised officer, to an authority exercising equivalent functions in a foreign country,
(c)by the Scottish Ministers in connection with their functions under this Schedule, to an authority exercising equivalent functions in a foreign country, or
(d)by a person under section 375A or 408A of the Proceeds of Crime Act 2002 (evidence overseas).
10Z7DE(1)This paragraph applies where cryptoassets held in a crypto wallet subject to a crypto wallet freezing order are converted into money in accordance with an order under paragraph 10Z7DB.
(2)The proceeds of the conversion (the “converted cryptoassets”) may be detained initially until the end of the period that the crypto wallet freezing order was, immediately before the conversion, due to have effect under Part 4BB (ignoring the possibility of any extension of that period).
(3)The period for which the converted cryptoassets may be detained may be extended by an order made by the relevant court.
(4)An order under sub-paragraph (3) may not authorise the detention of the converted cryptoassets beyond the end of the period of 2 years beginning with the day on which the crypto wallet freezing order was made; but this is subject to sub-paragraph (5).
(5)The relevant court may make an order for the period of 2 years in sub-paragraph (4) to be extended to a period of up to 3 years beginning with the day on which the crypto wallet freezing order was made.
(6)An application for an order under sub-paragraph (3) or (5) may be made—
(a)in relation to England and Wales and Northern Ireland, by the Commissioners for His Majesty’s Revenue and Customs or an authorised officer;
(b)in relation to Scotland, by a procurator fiscal.
(7)The relevant court may make an order under sub-paragraph (3) only if satisfied that there are reasonable grounds for suspecting that the converted cryptoassets to be further detained—
(a)are within subsection (1)(a) or (b) of section 1, or
(b)are property earmarked as terrorist property.
(8)The relevant court may make an order under sub-paragraph (5) only if satisfied that a request for assistance is outstanding in relation to the cryptoassets mentioned in sub-paragraph (1).
(9)A “request for assistance” in sub-paragraph (8) means a request for assistance in obtaining evidence (including information in any form or article) in connection with the cryptoassets, made—
(a)by a judicial authority in the United Kingdom under section 7 of the Crime (International Co-operation) Act 2003,
(b)by an authorised officer, to an authority exercising equivalent functions in a foreign country,
(c)by the Scottish Ministers in connection with their functions under this Schedule, to an authority exercising equivalent functions in a foreign country, or
(d)by a person under section 375A or 408A of the Proceeds of Crime Act 2002 (evidence overseas).
10Z7DF(1)This paragraph applies while any converted cryptoassets are detained under paragraph 10Z7DD or 10Z7DE.
(2)The relevant court may, subject to sub-paragraph (7), direct the release of the whole or any part of the converted cryptoassets if the following condition is met.
(3)The condition is that, on an application by the relevant person, the court is not satisfied that there are reasonable grounds for suspecting that the converted cryptoassets to be released—
(a)are within subsection (1)(a) or (b) of section 1, or
(b)are property earmarked as terrorist property.
(4)In sub-paragraph (3) “the relevant person” means—
(a)in the case of converted cryptoassets detained under paragraph 10Z7DD, the person from whom the cryptoassets mentioned in sub-paragraph (1) of that paragraph were seized, and
(b)in the case of converted cryptoassets detained under paragraph 10Z7DE, any person affected by the crypto wallet freezing order mentioned in sub-paragraph (1) of that paragraph.
(5)A person within sub-paragraph (6) may, subject to sub-paragraph (7) and after notifying the magistrates’ court or sheriff under whose order converted cryptoassets are being detained, release the whole or any part of the converted cryptoassets if satisfied that the detention is no longer justified.
(6)The following persons are within this sub-paragraph—
(a)in relation to England and Wales or Northern Ireland, an authorised officer;
(b)in relation to Scotland, a procurator fiscal.
(7)Converted cryptoassets are not to be released under this paragraph (and so are to continue to be detained)—
(a)if an application for their forfeiture under paragraph 10Z7DG is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded;
(b)if (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the converted cryptoassets are connected, until the proceedings are concluded.
10Z7DG(1)This paragraph applies while any converted cryptoassets are detained under paragraph 10Z7DD or 10Z7DE.
(2)An application for the forfeiture of some or all of the converted cryptoassets may be made—
(a)to a magistrates’ court, by the Commissioners for His Majesty’s Revenue and Customs or an authorised officer;
(b)to the sheriff, by the Scottish Ministers.
(3)The court or sheriff may order the forfeiture of some or all of the converted cryptoassets if satisfied that the converted cryptoassets to be forfeited—
(a)are within subsection (1)(a) or (b) of section 1, or
(b)are property earmarked as terrorist property.
(4)But in the case of property which belongs to joint tenants, one of whom is an excepted joint owner, the order may not apply to so much of it as the court thinks is attributable to the excepted joint owner’s share.
(5)Where an application for forfeiture is made under this paragraph, the converted cryptoassets are to continue to be detained under paragraph 10Z7DD or 10Z7DE (and may not be released under any power conferred by this Part) until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded.
(6)For the purposes of this paragraph—
(a)an excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against them) be earmarked, and
(b)references to the excepted joint owner’s share of property are to so much of the property as would have been theirs if the joint tenancy had been severed.
10Z7DH(1)Any party to proceedings for an order for the forfeiture of converted cryptoassets under paragraph 10Z7DG who is aggrieved by an order under that paragraph or by the decision of the court not to make such an order may appeal—
(a)from an order or decision of a magistrates’ court in England and Wales, to the Crown Court;
(b)from an order or decision of the sheriff, to the Sheriff Appeal Court;
(c)from an order or decision of a magistrates’ court in Northern Ireland, to a county court.
(2)An appeal under sub-paragraph (1) must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision.
(3)The court hearing the appeal may make any order it thinks appropriate.
(4)If the court upholds an appeal against an order forfeiting the converted cryptoassets, it may, subject to sub-paragraph (5), order the release of some or all of the converted cryptoassets.
(5)If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the converted cryptoassets are connected, the converted cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded.
10Z7DI(1)This paragraph applies where—
(a)a successful application for an order under paragraph 10Z7DG relies (wholly or partly) on the fact that an organisation is proscribed,
(b)an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State,
(c)the converted cryptoassets forfeited by the order under paragraph 10Z7DG were converted from cryptoassets which were seized under this Schedule on or after the date of the refusal of that application,
(d)an appeal against that refusal is allowed under section 5 of the Terrorism Act 2000,
(e)a deproscription order is made accordingly, and
(f)if the order is made in reliance on section 123(5) of the Terrorism Act 2000, a resolution is passed by each House of Parliament under section 123(5)(b) of that Act.
(2)Where this paragraph applies, an appeal under paragraph 10Z7DH against the making of an order under paragraph 10Z7DG may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force.
(3)In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000.
10Z7DJ(1)Converted cryptoassets detained under paragraph 10Z7DD and forfeited under paragraph 10Z7DG, and any accrued interest on them, must be applied as follows—
(a)first, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the safe storage of the cryptoassets mentioned in paragraph 10Z7DD(1) during the period the cryptoassets were detained under Part 4BA;
(b)second, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the conversion of those cryptoassets under paragraph 10Z7DA(6);
(c)third, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the detention of the converted cryptoassets under this Part;
(d)fourth, they must be paid—
(i)if forfeited by a magistrates’ court in England and Wales or Northern Ireland, into the Consolidated Fund, and
(ii)if forfeited by the sheriff, into the Scottish Consolidated Fund.
(2)Converted cryptoassets detained under paragraph 10Z7DE and forfeited under paragraph 10Z7DG, and any accrued interest on them, must be applied as follows—
(a)first, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the detention of the converted cryptoassets under this Part;
(b)second, they must be paid—
(i)if forfeited by a magistrates’ court in England and Wales or Northern Ireland, into the Consolidated Fund, and
(ii)if forfeited by the sheriff, into the Scottish Consolidated Fund.
(3)But converted cryptoassets are not to be applied or paid under sub-paragraph (1) or (2)—
(a)before the end of the period within which an appeal under paragraph 10Z7DH may be made, or
(b)if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of.
10Z7DK(1)This paragraph applies where converted cryptoassets are detained under this Part.
(2)Where this paragraph applies, a person (“P”) who claims that the relevant cryptoassets belonged to P immediately before—
(a)the relevant cryptoassets were seized, or
(b)the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held,
may apply to the relevant court for some or all of the converted cryptoassets to be released to P.
(3)The application may be made in the course of proceedings under paragraph 10Z7DD, 10Z7DE or 10Z7DG or at any other time.
(4)The relevant court may, subject to sub-paragraph (9), order the converted cryptoassets to which the application relates to be released to the applicant if it appears to the relevant court that the condition in sub-paragraph (5) is met.
(5)The condition in this sub-paragraph is that—
(a)the applicant was deprived of the relevant cryptoassets, or of property which they represent, by criminal conduct,
(b)the relevant cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, property obtained by or in return for criminal conduct and nor did they then represent such property, and
(c)the relevant cryptoassets belonged to the applicant immediately before—
(i)the relevant cryptoassets were seized, or
(ii)the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held.
(6)If sub-paragraph (7) applies, the relevant court may, subject to sub-paragraph (9), order the converted cryptoassets to which the application relates to be released to the applicant or to the person from whom the relevant cryptoassets were seized.
(7)This sub-paragraph applies where—
(a)the applicant is not the person from whom the relevant cryptoassets were seized,
(b)it appears to the relevant court that the relevant cryptoassets belonged to the applicant immediately before—
(i)the relevant cryptoassets were seized, or
(ii)the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held,
(c)the relevant court is satisfied that the release condition is met in relation to the converted cryptoassets, and
(d)no objection to the making of an order under sub-paragraph (6) has been made by the person from whom the relevant cryptoassets were seized.
(8)The release condition is met—
(a)if the conditions in this Part for the detention of the converted cryptoassets are no longer met, or
(b)in relation to converted cryptoassets which are subject to an application for forfeiture under paragraph 10Z7DG, if the court or sheriff decides not to make an order under that paragraph in relation to the converted cryptoassets.
(9)If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the converted cryptoassets are connected, the converted cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded
(10)Where sub-paragraph (2)(b) applies, references in this paragraph to a person from whom relevant cryptoassets were seized include a reference to a person by or for whom the crypto wallet mentioned in that provision was administered immediately before the crypto wallet freezing order was made in relation to the crypto wallet.
(11)In this paragraph “the relevant cryptoassets” means—
(a)in relation to converted cryptoassets detained under paragraph 10Z7DD, some or all of the cryptoassets mentioned in sub-paragraph (1) of that paragraph, and
(b)in relation to converted cryptoassets detained under paragraph 10Z7DE, some or all of the cryptoassets mentioned in sub-paragraph (1) of that paragraph.
10Z7DL(1)This paragraph applies if no order is made under paragraph 10Z7DG in respect of converted cryptoassets detained under this Part.
(2)Where this paragraph applies, the following may make an application to the relevant court for compensation—
(a)a person to whom the relevant cryptoassets belonged immediately before they were seized;
(b)a person from whom the relevant cryptoassets were seized;
(c)a person by or for whom the crypto wallet mentioned in paragraph 10Z7DE(1) was administered immediately before the crypto wallet freezing order was made in relation to the crypto wallet.
(3)If the relevant court is satisfied that—
(a)the applicant has suffered loss as a result of—
(i)the conversion of the relevant cryptoassets into money, or
(ii)the detention of the converted cryptoassets, and
(b)the circumstances are exceptional,
the relevant court may order compensation to be paid to the applicant.
(4)The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
(5)If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for His Majesty’s Revenue and Customs.
(6)If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by a constable, the compensation is to be paid as follows—
(a)in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met;
(b)in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority;
(c)in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.
(7)If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by a counter-terrorism financial investigator, the compensation is to be paid as follows—
(a)in the case of a counter-terrorism financial investigator who was—
(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,
it is to be paid out of the police fund from which the expenses of the police force are met;
(b)in the case of a counter-terrorism financial investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.
(8)If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by an immigration officer, the compensation is to be paid by the Secretary of State.
(9)This paragraph does not apply if the relevant court makes an order under paragraph 10Z7DK.
(10)In this paragraph—