[F1127MFurther detention in other casesS
(1)This section applies if—
(a)property is detained under section 127J,
(b)no restraint order is in force in respect of the property, and
(c)no application has been made for a restraint order which includes provision under section 120A authorising detention of the property.
(2)The sheriff may by order extend the period for which the property or any part of it may be detained under section 127J if satisfied that—
(a)any of the conditions in section 127B is met (reading references in that section to the officer as references to the sheriff),
(b)the property or part is realisable property other than exempt property [F2(within the meaning of section 127C(4))], and
(c)there are reasonable grounds for suspecting that—
(i)the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the accused, or
(ii)the value of the property may otherwise be diminished as a result of conduct by the accused or any other person.
[F3(2A)The sheriff may by order extend the period for which the property may be detained under section 127J if satisfied that—
(a)any of the conditions in section 127B is met (reading references in that section to the officer as references to the sheriff),
(b)the property is free property, and
(c)there are reasonable grounds for suspecting that the property is a cryptoasset-related item.
(2B)An order under subsection (2A) may not be made in respect of exempt property unless the sheriff is satisfied that the person applying for the order is working diligently and expeditiously—
(a)to determine whether the property is a cryptoasset-related item, or
(b)if it has already been determined to be such an item, to seize any related cryptoassets under section 127C(1).
(2C)An order under subsection (2A) may not extend the period for which the property may be detained beyond the period of—
(a)six months beginning with the date of the order, or
(b)in the case of exempt property, 14 days beginning with that date.
This does not prevent the period from being further extended by another order under this section.
(2D)The period of 14 days referred to in subsection (2C)(b) is to be calculated in accordance with section 127H(7) (reading the reference there to 48 hours as a reference to 14 days).]
(3)An application for an order may be made by—
(a)the Commissioners for Her Majesty's Revenue and Customs,
[F4(aa)an immigration officer;]
(b)a constable, or
(c)the prosecutor.
(4)If the property was seized in reliance on the first or second condition in section 127B, “the prosecutor” means a person who is to have conduct of any proceedings for the offence.
(5)An order under this section must provide for notice to be given to persons affected by it.
(6)In this section—
[F5“exempt property” has the meaning given in section 127C(4) (reading references there to the accused as references to the person by whom the property is held);]
“part” includes portion.]
Textual Amendments
F1Ss. 127A-127R and cross-heading inserted (22.11.2014 for the insertion of ss. 127A, 127G, 127R for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 56(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)
F2Words in s. 127M(2)(b) omitted (26.10.2023 for specified purposes) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(4)(a), Sch. 8 para. 25(2)
F3S. 127M(2A)-(2D) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(4)(a), Sch. 8 para. 25(3)
F4S. 127M(3)(aa) inserted (22.11.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 23 (with Sch. 21 para. 40); S.I. 2014/3098, art. 2(e)
F5Words in s. 127M(6) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(4)(a), Sch. 8 para. 25(4)