Anti-terrorism, Crime and Security Act 2001

Victims etc: detained cryptoassetsU.K.

This section has no associated Explanatory Notes

[F110Z7CK(1)A person who claims that any cryptoassets detained under this Schedule belong to the person may apply for some or all of the cryptoassets to be released.

(2)An application under sub-paragraph (1) is to be made—

(a)in England and Wales or Northern Ireland, to a magistrates’ court;

(b)in Scotland, to the sheriff.

(3)The application may be made in the course of proceedings under paragraph 10Z7AG or 10Z7CA or at any other time.

(4)The court or sheriff may, subject to sub-paragraph (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 criminal conduct,

(b)the cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, property obtained by or in return for criminal conduct and nor did they then represent such property, and

(c)the cryptoassets belong to the applicant.

(5)If sub-paragraph (6) applies, the court or sheriff may, subject to sub-paragraph (8), order the cryptoassets to which the application relates to be released to the applicant or to the person from whom they were seized.

(6)This sub-paragraph 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 sub-paragraph (5) has been made by the person from whom those cryptoassets were seized.

(7)The release condition is met—

(a)if the conditions in Part 4BA for the detention of the cryptoassets are no longer met, or

(b)in relation to cryptoassets which are subject to an application for forfeiture under paragraph 10Z7CA, if the court or sheriff decides not to make an order under that paragraph in relation to the cryptoassets.

(8)If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the cryptoassets are connected, the cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded.]

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