PART 3Miscellaneous Amendments to Magistrates’ Courts Rules

Amendment of the Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 201725

1

The Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 20179 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)”.