Further detention of cryptoassetsU.K.
[F110Z7AG(1)The period for which cryptoassets seized under paragraph 10Z7AD may be detained may be extended by an order made—
(a)in England and Wales or Northern Ireland, by a magistrates’ court;
(b)in Scotland, by the sheriff.
(2)An order under sub-paragraph (1) may not authorise the detention of any cryptoassets—
(a)beyond the end of the period of 6 months beginning with the date of the order, and
(b)in the case of any further order under this paragraph, beyond the end of the period of 2 years beginning with the date of the first order; but this is subject to sub-paragraph (4).
(3)A justice of the peace may also exercise the power of a magistrates’ court to make the first order under sub-paragraph (1).
(4)The court or sheriff may make an order for the period of 2 years in sub-paragraph (2)(b) to be extended to a period of up to 3 years beginning with the date of the first order.
(5)An application to a magistrates’ court, a justice of the peace or the sheriff to make the first order under sub-paragraph (1) extending a particular period of detention—
(a)may be made and heard without notice of the application or hearing having been given to any of the persons affected by the application or to the legal representatives of such a person, and
(b)may be heard and determined in private in the absence of persons so affected and of their legal representatives.
(6)An application for an order under sub-paragraph (1) or (4) 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 court, sheriff or justice may make an order under sub-paragraph (1) if satisfied, in relation to the cryptoassets to be further detained, that condition 1, condition 2 or condition 3 is met.
(8)Condition 1 is that there are reasonable grounds for suspecting that the cryptoassets are intended to be used for the purposes of terrorism and that either—
(a)their continued detention is justified while their intended use is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cryptoassets are connected, or
(b)proceedings against any person for an offence with which the cryptoassets are connected have been started and have not been concluded.
(9)Condition 2 is that there are reasonable grounds for suspecting that the cryptoassets consist of resources of an organisation which is a proscribed organisation and that either—
(a)their continued detention is justified while investigation is made into whether or not they consist of such resources or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cryptoassets are connected, or
(b)proceedings against any person for an offence with which the cryptoassets are connected have been started and have not been concluded.
(10)Condition 3 is that there are reasonable grounds for suspecting that the cryptoassets are property earmarked as terrorist property and that either—
(a)their continued detention is justified while their derivation is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cryptoassets are connected, or
(b)proceedings against any person for an offence with which the cryptoassets are connected have been started and have not been concluded.
(11)The court or sheriff may make an order under sub-paragraph (4) if satisfied that a request for assistance is outstanding in relation to the cryptoassets to be further detained.
(12)A “request for assistance” in sub-paragraph (11) means a request for assistance in obtaining evidence (including information in any form or article) in connection with the property to be further detained, 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).
(13)An order under sub-paragraph (1) must provide for notice to be given to persons affected by the order.]
Textual Amendments
F1Sch. 1 Pts. 4BA-4BD inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 10 para. 2; S.I. 2024/269, reg. 4(c)