Victims etc: crypto wallet freezing ordersU.K.
[F110Z7CL(1)A person who claims that any cryptoassets held in a crypto wallet in respect of which a crypto wallet freezing order has effect belong to the person may apply for some or all of the cryptoassets to be released.
(2)An application under sub-paragraph (1) is to be made—
(a)in England and Wales or Northern Ireland, to a magistrates’ court;
(b)in Scotland, to the sheriff.
(3)The application may be made in the course of proceedings under paragraph 10Z7BB or 10Z7CA or at any other time.
(4)The court or sheriff may, subject to sub-paragraph (8), order the cryptoassets to which the application relates to be released to the applicant if it appears to the court or sheriff that—
(a)the applicant was deprived of the cryptoassets to which the application relates, or of property which they represent, by criminal conduct,
(b)the 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 cryptoassets belong to the applicant.
(5)If sub-paragraph (6) applies, the court or sheriff may, subject to sub-paragraph (8), order the cryptoassets to which the application relates to be released to the applicant.
(6)This sub-paragraph applies where—
(a)the applicant is not the person from whom the cryptoassets to which the application relates were seized,
(b)it appears to the court or sheriff that those cryptoassets belong to the applicant,
(c)the court or sheriff is satisfied that the release condition is met in relation to those cryptoassets, and
(d)no objection to the making of an order under sub-paragraph (5) has been made by the person from whom those cryptoassets were seized.
(7)The release condition is met—
(a)if the conditions for the making of the crypto wallet freezing order are no longer met in relation to the cryptoassets to which the application relates, or
(b)in relation to cryptoassets held in a crypto wallet subject to a crypto wallet freezing order which are subject to an application for forfeiture under paragraph 10Z7CA, if the court or sheriff decides not to make an order under that paragraph in relation to the cryptoassets.
(8)Cryptoassets are not to be released under this paragraph—
(a)if an application for their forfeiture under paragraph 10Z7CA 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 cryptoassets are connected, until the proceedings are concluded.
(9)In relation to cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order, references in this paragraph to a person from whom cryptoassets were seized include a reference to a person by or for whom the crypto wallet was administered immediately before the crypto wallet freezing order was made.]
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)