Part 5Civil recovery of the proceeds etc. of unlawful conduct
F1CHAPTER 3EForfeiture of cryptoassets following detention or freezing order
Supplementary
303Z51Victims and other owners: crypto wallet freezing orders
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 subsection (1) is to be made—
a
in England and Wales or Northern Ireland, to a magistrates’ court;
b
in Scotland, to the sheriff.
3
4
The court or sheriff may, subject to subsection (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 unlawful conduct,
b
the cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, recoverable property, and
c
the cryptoassets belong to the applicant.
5
If subsection (6) applies, the court or sheriff may, subject to subsection (8), order the cryptoassets to which the application relates to be released to the applicant.
6
This subsection 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 subsection (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 section 303Z41, if the court or sheriff decides not to make an order under that section in relation to the cryptoassets.
8
If an application under section 303Z41 is made for the forfeiture of the cryptoassets, the cryptoassets are not to be released under this section until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded.
9
In relation to cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order, references in this section 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.
Pt. 5 Chs. 3C-3F inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(c), Sch. 9 para. 1