The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024

Amendment of the Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002

24.—(1) The Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002(1) are amended as follows.

(2) In rule 2 (interpretation), after paragraph (ab), insert—

“(ac) “order for further detention” means an order under—

(i) section 295(2) of the Act (further detention of seized cash);

(ii) section 303l(1) of the Act (further detention of seized property);

(iii) section 303Z28(1) or (4) of the Act (further detention of cryptoasset related items);

(iv) section 303Z32(1) or (4) of the Act (further detention of cryptoassets);

(ad) “freezing order” means an order under—

(i) section 303Z3(2) of the Act (account freezing orders);

(ii) section 303Z37(2) of the Act (crypto wallet freezing orders).”.

(3) In rule 4 (first application for the further detention of seized cash), in paragraph (2)—

(a) in sub-paragraph (a), for “previous order made under sections 295(2) or 303L(1) of the Act” substitute “previous order for further detention”;

(b) in sub-paragraph (b), for “previous account freezing order under section 303Z3(2) of the Act”, substitute “previous freezing order,”.

(4) In rule 7 (application for forfeiture of detained cash), in paragraph (2)(b)—

(a) in sub-paragraph (i), for “order made under section 295(2) or 303L(1)” of the Act substitute “order for further detention”;

(b) in sub-paragraph (ii), for “an account freezing order under section 303Z3(2) of the Act”, substitute “a freezing order”.

(1)

S.I. 2002/2998, amended by S.I. 2017/1291. There are other amendments, but none is relevant.