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

Amendment of the Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017

25.—(1) The Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017(1) are amended as follows.

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

“(ca) “freezing order” means an order made under—

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

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

(cb) “order for further detention” means an order made 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);”.

(3) In rule 4 (first application for the further detention of seized property), 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 property), 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 made under section 303Z3(2) of the Act” substitute “a freezing order”.

(5) In rule 17 (transfer of proceedings), in paragraph (7), for “303O(1)” substitute “303O(3)”.

(1)

S.I. 2017/1293, to which there are amendments not relevant to these Rules.