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

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

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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.

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