Part 5

Civil recovery of the proceeds etc. of unlawful conduct
CHAPTER 3E

Forfeiture of cryptoassets following detention or freezing order

Forfeiture orders

Forfeiture order
303Z41
1
This section applies—
a
while any cryptoassets are detained under Chapter 3C, or
b
while a crypto wallet freezing order made under section
303Z37
has effect.
2
An application for the forfeiture of some or all of the cryptoassets that are detained or held in the crypto wallet that is subject to the crypto wallet freezing order may be made—
a
to a magistrates’ court by a person within subsection
(3)
, or
b
to the sheriff by the Scottish Ministers.
3
The following persons are within this subsection—
a
the Commissioners for His Majesty’s Revenue and Customs,
b
a constable,
c
an SFO officer, and
d
an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453.
4
The court or sheriff may order the forfeiture of some or all of the cryptoassets if satisfied that the cryptoassets—
a
are recoverable property, or
b
are intended by any person for use in unlawful conduct.
5
An order under subsection
(4)
made by a magistrates’ court may provide for payment under section
303Z49
of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
a
the proceedings in which the order is made, or
b
any related proceedings under this Chapter.
6
A sum in respect of a relevant item of expenditure is not payable under section
303Z49
in pursuance of provision under subsection
(5)
unless—
a
the person who applied for the order under subsection
(4)
agrees to its payment, or
b
the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.
7
For the purposes of subsection
(6)
—
a
a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B would apply if the order under subsection
(4)
had instead been a recovery order;
b
an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations;
c
if the person who applied for the order under subsection
(4)
was a constable, an SFO officer or an accredited financial investigator, that person may not agree to the payment of a sum unless the person is a senior officer or is authorised to do so by a senior officer.
8
Subsection
(4)
ceases to apply on the transfer of an application made under this section in accordance with section
303Z45
(1)
.
9
In this Chapter—
- “
crypto wallet freezing order
” has the same meaning as in Chapter 3D (see section
303Z36
);
- “
enforcement officer
” has the meaning given by section
303Z20
;
- “
senior officer
” has the meaning given by section
303Z20
.
10
Section
303Z36
(4)(b)
applies in relation to this Chapter as it applies in relation to Chapter 3D.

Forfeiture order: supplementary
303Z42
1
Subsection
(2)
applies where an application is made under section
303Z41
for the forfeiture of any cryptoassets detained under Chapter 3C.
2
The cryptoassets are to continue to be detained under Chapter 3C (and may not be released under any power conferred by this Part) until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded.
This subsection is subject to Chapter 3F (conversion to money).
3
Where an application is made under section 303Z41 in relation to cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order—
a
subsections (4) and (5) apply, and
b
the crypto wallet freezing order is to continue to have effect until the time referred to in subsection (4)(b) or (5).
4
Where the cryptoassets are ordered to be forfeited under section
303Z41
(4)
or
303Z45
(3)
—
a
the cryptoasset service provider that administers the crypto wallet must transfer the cryptoassets into a crypto wallet nominated by an enforcement officer, and
b
immediately after the transfer has been made, the freezing order ceases to have effect.
5
Where the application is determined or otherwise disposed of other than by the making of an order under section
303Z41
(4)
or
303Z45
(3)
, the crypto wallet freezing order ceases to have effect immediately after that determination or other disposal.
6
Subsections
(4)
(b) and
(5)
are subject to section
303Z46
and Chapter 3F.
7
The Secretary of State may by regulations amend this section to make provision about the forfeiture of cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order.
8
Regulations under subsection
(7)
may in particular make provision about—
a
the process for the forfeiture of cryptoassets;
b
the realisation of forfeited cryptoassets;
c
the application of the proceeds of such realisation.
9
Regulations under subsection
(7)
may make consequential amendments of this Chapter.
10
The Secretary of State may not make regulations under subsection
(7)
unless the Secretary of State has—
a
consulted the Scottish Ministers and the Department of Justice, and
b
given a notice containing the relevant information to the Scottish Ministers and the Department of Justice.
11
Consultation under subsection
(10)(a)
must include consultation about any effects that the Secretary of State considers the regulations may have on—
a
a person in Scotland or Northern Ireland (as the case may be) applying for the forfeiture of cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order, and
b
a sheriff or court in Scotland or a court in Northern Ireland (as the case may be) considering such an application or making an order for such forfeiture.
12
In subsection
(10)(b)
“
relevant information
” means—
a
a description of—
i
the process undertaken in order to comply with subsection
(10)(a)
in relation to the Scottish Ministers or the Department of Justice (as the case may be), and
ii
any agreement, objection or other views expressed as part of that process by the Scottish Ministers or the Department of Justice (as the case may be), and
b
an explanation of whether and how such views have been taken into account in the regulations (including, in a case where the Secretary of State proposes to make the regulations despite an objection, an explanation of the reasons for doing so).

Associated and joint property
303Z43
1
Sections
303Z44
and
303Z45
apply if—
a
an application is made under section
303Z41
in respect of cryptoassets,
b
the court or sheriff is satisfied that some or all of the cryptoassets are recoverable property or are intended by any person for use in unlawful conduct, and
c
there exists property that is associated with the cryptoassets in relation to which the court or sheriff is satisfied as mentioned in paragraph (b).
2
Sections
303Z44
and
303Z45
also apply in England and Wales and Northern Ireland if—
a
an application is made under section
303Z41
in respect of cryptoassets,
b
the court is satisfied that some or all of the cryptoassets are recoverable property, and
c
the cryptoassets in relation to which the court is satisfied as mentioned in paragraph
(b)
belong to joint tenants and one of the tenants is an excepted joint owner.
3
In this section and sections
303Z44
and
303Z45
“
associated property
” means property of any of the following descriptions that is not itself the forfeitable property—
a
any interest in the forfeitable property;
b
any other interest in the property in which the forfeitable property subsists;
c
if the forfeitable property is part of a larger property, but not a separate part, the remainder of that property.
References to property being associated with forfeitable property are to be read accordingly.
4
In this section and sections
303Z44
and
303Z45
, the “
forfeitable property
” means the cryptoassets in relation to which the court or sheriff is satisfied as mentioned in subsection
(1)(b)
or
(2)(b)
(as the case may be).

Agreements about associated and joint property
303Z44
1
Where—
a
this section applies, and
b
the person who applied for the order under section
303Z41
(on the one hand) and the person who holds the associated property or who is the excepted joint owner (on the other hand) agree,
the magistrates’ court or sheriff may, instead of making an order under section
303Z41
(4)
, make an order requiring the person who holds the associated property or who is the excepted joint owner to make a payment to a person identified in the order.
2
The amount of the payment is (subject to subsection
(3)
) to be the amount which the persons referred to in subsection
(1)(b)
agree represents—
a
in a case where this section applies by virtue of section
303Z43
(1)
, the value of the forfeitable property;
b
in a case where this section applies by virtue of section
303Z43
(2)
, the value of the forfeitable property less the value of the excepted joint owner’s share.
3
The amount of the payment may be reduced if the person who applied for the order under section
303Z41
agrees that the other party to the agreement has suffered loss as a result of—
a
the seizure of the forfeitable property under section
303Z29
and its subsequent detention, or
b
the making of a crypto wallet freezing order under section
303Z37
.
4
The reduction that is permissible by virtue of subsection
(3)
is such amount as the parties to the agreement agree is reasonable, having regard to the loss suffered and any other relevant circumstances.
5
An order under subsection
(1)
may, so far as required for giving effect to the agreement, include provision for vesting, creating or extinguishing any interest in property.
6
An order under subsection
(1)
made by a magistrates’ court may provide for payment under subsection
(12)
of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
a
the proceedings in which the order is made, or
b
any related proceedings under this Chapter.
7
A sum in respect of a relevant item of expenditure is not payable under subsection
(12)
in pursuance of provision under subsection
(6)
unless—
a
the person who applied for the order under section
303Z41
agrees to its payment, or
b
the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.
8
For the purposes of subsection
(7)
—
a
a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B would apply if the order under subsection
(1)
had instead been a recovery order;
b
an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations.
9
For the purposes of section 308(2), on the making of an order under subsection
(1)
, the forfeitable property is to be treated as if it had been forfeited.
10
If there is more than one item of associated property or more than one excepted joint owner, the total amount to be paid under subsection
(1)
, and the part of that amount which is to be provided by each person who holds any such associated property or who is an excepted joint owner, is to be agreed between both (or all) of them and the person who applied for the order under section
303Z41
.
11
If the person who applied for the order under section
303Z41
was a constable, an SFO officer or an accredited financial investigator, that person may enter into an agreement for the purposes of any provision of this section only if the person is a senior officer or is authorised to do so by a senior officer.
12
An amount received under an order under subsection
(1)
must be applied as follows—
a
first, it must be applied in making any payment of legal expenses which, after giving effect to subsection
(7)
, are payable under this subsection in pursuance of provision under subsection
(6)
;
b
second, it must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the forfeitable property and any associated property whilst detained under this Part;
c
third, it must be paid—
i
if the order was made by a magistrates’ court, into the Consolidated Fund;
ii
if the order was made by the sheriff, into the Scottish Consolidated Fund.

Associated and joint property: default of agreement
303Z45
1
Where this section applies and there is no agreement under section
303Z44
, the magistrates’ court or sheriff may transfer the application made under section
303Z41
to the appropriate court.
2
The “appropriate court” is—
a
the High Court, where the application under section
303Z41
was made to a magistrates’ court;
b
the Court of Session, where the application under section
303Z41
was made to the sheriff.
3
Where (under subsection
(1)
) an application made under section
303Z41
is transferred to the appropriate court, the appropriate court may order the forfeiture of the property to which the application relates, or any part of that property, if satisfied that what is to be forfeited is recoverable property or intended by any person for use in unlawful conduct.
4
An order under subsection
(3)
made by the High Court may include provision of the type that may be included in an order under section
303Z41
(4)
made by a magistrates’ court by virtue of section
303Z41
(5)
.
5
If provision is included in an order of the High Court by virtue of subsection
(4)
of this section, section
303Z41
(6)
and
(7)
apply with the necessary modifications.
6
The appropriate court may, as well as making an order under subsection
(3)
, make an order—
a
providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner‘s interest to be extinguished, or
b
providing for the excepted joint owner‘s interest to be severed.
7
Where (under subsection
(1)
) the magistrates’ court or sheriff decides not to transfer an application made under section
303Z41
to the appropriate court, the magistrates’ court or sheriff may, as well as making an order under section
303Z41
(4)
, make an order—
a
providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner‘s interest to be extinguished, or
b
providing for the excepted joint owner‘s interest to be severed.
8
An order under subsection
(6)
or
(7)
may be made only if the appropriate court, the magistrates’ court or the sheriff (as the case may be) thinks it just and equitable to do so.
9
An order under subsection
(6)
or
(7)
must provide for the payment of an amount to the person who holds the associated property or who is an excepted joint owner.
10
In making an order under subsection
(6)
or
(7)
, and including provision in it by virtue of subsection
(9)
, the appropriate court, the magistrates’ court or the sheriff (as the case may be) must have regard to—
a
the rights of any person who holds the associated property or who is an excepted joint owner and the value to that person of that property or (as the case may be) of that person‘s share (including any value that cannot be assessed in terms of money), and
b
the interest of the person who applied for the order under section
303Z41
in realising the value of the forfeitable property.
11
If the appropriate court, the magistrates’ court or the sheriff (as the case may be) is satisfied that—
a
the person who holds the associated property or who is an excepted joint owner has suffered loss as a result of—
i
the seizure of the forfeitable property under section
303Z29
and its subsequent detention, or
ii
the making of the crypto wallet freezing order under section
303Z37
, and
b
the circumstances are exceptional,
an order under subsection
(6)
or
(7)
may require the payment of compensation to that person.
12
The amount of compensation to be paid by virtue of subsection
(11)
is the amount the appropriate court, the magistrates’ court or the sheriff (as the case may be) thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
13
Compensation to be paid by virtue of subsection
(11)
is to be paid in the same way that compensation is to be paid under section
303Z52
.

Continuation of crypto wallet freezing order pending appeal
303Z46
1
This section applies where, on an application under section
303Z41
in relation to a crypto wallet to which a crypto wallet freezing order applies—
a
the magistrates’ court or sheriff decides—
i
to make an order under section 303Z41(4) in relation to some but not all of the cryptoassets to which the application related, or
ii
not to make an order under section 303Z41(4), or
b
if the application is transferred in accordance with section 303Z45(1), the High Court or Court of Session decides—
i
to make an order under section 303Z45(3) in relation to some but not all of the cryptoassets to which the application related, or
ii
not to make an order under section 303Z45(3).
2
The person who made the application under section
303Z41
may apply without notice to the court or sheriff that made the decision referred to in subsection (1) for an order that the crypto wallet freezing order is to continue to have effect.
3
Where the court or sheriff makes an order under subsection
(2)
the crypto wallet freezing order is to continue to have effect until—
a
the end of the period of 48 hours starting with the making of the order under subsection
(2)
, or
b
if within that period of 48 hours an appeal is brought (whether under section
303Z47
or otherwise) against the decision referred to in subsection (1), the time when the appeal is determined or otherwise disposed of.
4
Subsection
(3)
of section
303Z31
applies for the purposes of subsection
(3)
as it applies for the purposes of that section.

Sections 303Z41 to 303Z45: appeals
303Z47
1
Any party to proceedings for an order for the forfeiture of cryptoassets under section
303Z41
may appeal against—
a
the making of an order under section
303Z41
;
b
the making of an order under section
303Z45
(7)
;
c
a decision not to make an order under section
303Z41
unless the reason that no order was made is that an order was instead made under section
303Z44
;
d
a decision not to make an order under section
303Z45
(7)
.
Paragraphs
(c)
and
(d)
do not apply if the application for the order under section
303Z41
was transferred in accordance with section
303Z45
(1)
.
2
Where an order under section
303Z44
is made by a magistrates’ court, any party to the proceedings for the order (including any party to the proceedings under section
303Z41
that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under section
303Z44
(6)
.
3
An appeal under this section lies—
a
in relation to England and Wales, to the Crown Court;
b
in relation to Scotland, to the Sheriff Appeal Court;
c
in relation to Northern Ireland, to a county court.
4
An appeal under this section must be made before the end of the period of 30 days starting with the day on which the court or sheriff makes the order or decision.
5
The court hearing the appeal may make any order it thinks appropriate.
6
If the court upholds an appeal against an order forfeiting any cryptoasset or other item of property, it may order the release of the whole or any part of the property.

Realisation or destruction of forfeited cryptoassets etc
303Z48
1
This section applies where any cryptoasset or other item of property is forfeited under this Chapter.
2
An enforcement officer must—
a
realise the property, or
b
make arrangements for its realisation.
This is subject to subsections
(3)
to
(5)
.
3
The property is not to be realised—
a
before the end of the period within which an appeal may be made (whether under section
303Z47
or otherwise), or
b
if an appeal is made within that period, before the appeal is determined or otherwise disposed of.
4
The realisation of property under subsection
(2)
must be carried out, so far as practicable, in the manner best calculated to maximise the amount obtained for the property.
5
Where an enforcement officer is satisfied that—
a
it is not reasonably practicable to realise any cryptoasset, or
b
there are reasonable grounds to believe that the realisation of any cryptoasset would be contrary to the public interest,
the enforcement officer may destroy the cryptoasset.
6
But—
a
the enforcement officer may destroy the cryptoasset only if the officer is a senior officer or is authorised to do so by a senior officer, and
b
the cryptoasset is not to be destroyed—
i
before the end of the period within which an appeal may be made (whether under section
303Z47
or otherwise), or
ii
if an appeal is made within that period, before the appeal is determined or otherwise disposed of.
7
The question of whether the realisation of the cryptoasset would be contrary to the public interest is to be determined with particular reference to how likely it is that the entry of the cryptoasset into general circulation would facilitate criminal conduct by any person.

Proceeds of realisation
303Z49
1
This section applies where any cryptoasset or other item of property is realised under section
303Z48
.
2
The proceeds of the realisation must be applied as follows—
a
first, they must be applied in making any payment required to be made by virtue of section
303Z45
(9)
;
b
second, they must be applied in making any payment of legal expenses which, after giving effect to section
303Z41
(6)
(including as applied by section
303Z45
(5)
), are payable under this subsection in pursuance of provision under section
303Z41
(5)
or, as the case may be,
303Z45
(4)
;
c
third, they must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the property whilst detained under this Part and in realising the property;
d
fourth, they must be paid—
i
if the property was forfeited by a magistrates’ court or the High Court, into the Consolidated Fund;
ii
if the property was forfeited by the sheriff or the Court of Session, into the Scottish Consolidated Fund.
3
If what is realised under section
303Z48
represents part only of an item of property, the reference in subsection
(2)(c)
to costs incurred in storing or insuring the property is to be read as a reference to costs incurred in storing or insuring the whole of the property.

Supplementary

Victims and other owners: detained cryptoassets
303Z50
1
A person who claims that any cryptoassets detained under this Part belong to the person may apply for some or all of the cryptoassets to be released.
2
An application under subsection
(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 section
303Z32
or
303Z41
or at any other time.
4
The court or sheriff may 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 unlawful conduct,
b
the cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, recoverable property, and
c
the cryptoassets belong to the applicant.
5
If subsection
(6)
applies, the court or sheriff may 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 subsection 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 subsection
(5)
has been made by the person from whom those cryptoassets were seized.
7
The release condition is met—
a
if the conditions in Chapter 3C 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 section
303Z41
, if the court or sheriff decides not to make an order under that section in relation to the cryptoassets.

Victims and other owners: crypto wallet freezing orders
303Z51
1
A person who claims that any cryptoassets held in a crypto wallet in respect of which a crypto wallet freezing order has effect belong to the person may apply for some or all of the cryptoassets to be released.
2
An application under subsection
(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 section
303Z37
or
303Z41
or at any other time.
4
The court or sheriff may, subject to subsection (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 unlawful conduct,
b
the cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, recoverable property, and
c
the cryptoassets belong to the applicant.
5
If subsection
(6)
applies, the court or sheriff may, subject to subsection (8), order the cryptoassets to which the application relates to be released to the applicant.
6
This subsection 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 subsection
(5)
has been made by the person from whom those cryptoassets were seized.
7
The release condition is met—
a
if the conditions for the making of the crypto wallet freezing order are no longer met in relation to the cryptoassets to which the application relates, or
b
in relation to cryptoassets held in a crypto wallet subject to a crypto wallet freezing order which are subject to an application for forfeiture under section
303Z41
, if the court or sheriff decides not to make an order under that section in relation to the cryptoassets.
8
If an application under section 303Z41 is made for the forfeiture of the cryptoassets, the cryptoassets are not to be released under this section until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded.
9
In relation to cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order, references in this section to a person from whom cryptoassets were seized include a reference to a person by or for whom the crypto wallet was administered immediately before the crypto wallet freezing order was made.

Compensation
303Z52
1
This section applies if no order is made under section
303Z41
,
303Z44
or
303Z45
in respect of cryptoassets detained under this Part or held in a crypto wallet that is subject to a crypto wallet freezing order under section
303Z37
.
2
Where this section applies, the following may make an application to the relevant court for compensation—
a
a person to whom the cryptoassets belong or from whom they were seized, or
b
a person by or for whom a crypto wallet to which the crypto wallet freezing order applies is administered.
3
If the relevant court is satisfied that the applicant has suffered loss as a result of the detention of the cryptoassets or the making of the crypto wallet freezing order and that the circumstances are exceptional, the relevant court may order compensation to be paid to the applicant.
4
The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
5
If the cryptoassets were seized, or the crypto wallet freezing order was applied for, by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for His Majesty’s Revenue and Customs.
6
If the cryptoassets were seized, or the crypto wallet freezing order was applied for, by a constable, the compensation is to be paid as follows—
a
in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met;
b
in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority;
c
in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.
7
If the cryptoassets were seized, or the crypto wallet freezing order was applied for, by an SFO officer, the compensation is to be paid by the Director of the Serious Fraud Office.
8
If the cryptoassets were seized, or the crypto wallet freezing order was applied for, by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency.
9
If the cryptoassets were seized, or the crypto wallet freezing order was applied for, by an accredited financial investigator who was not an officer of Revenue and Customs, a constable, an SFO officer or a National Crime Agency officer, the compensation is to be paid as follows—
a
in the case of an investigator who was—
i
a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or
ii
a member of staff of the City of London police force,
it is to be paid out of the police fund from which the expenses of the police force are met,
b
in the case of an investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland,
c
in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department,
d
in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department,
e
in the case of an investigator who was exercising a function of the Welsh Revenue Authority, it is to be paid by the Welsh Revenue Authority, and
f
in any other case, it is to be paid by the employer of the investigator.
10
The Secretary of State may by regulations amend subsection
(9)
.
11
The power in subsection
(10)
is exercisable by the Department of Justice (and not by the Secretary of State) so far as it may be used to make provision that—
a
would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly, and
b
would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.
12
If an order under section
303Z37
,
303Z41
,
303Z44
or
303Z45
is made in respect of some of the cryptoassets detained or held, this section has effect in relation to the remainder.
13
In this section “
relevant court
” means—
a
in England and Wales and Northern Ireland, a magistrates’ court, and
b
in Scotland, the sheriff.

Powers for prosecutors to appear in proceedings
303Z53
1
The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable or an accredited financial investigator in proceedings under this Chapter if the Director—
a
is asked by, or on behalf of, a constable or (as the case may be) an accredited financial investigator to do so, and
b
considers it appropriate to do so.
2
The Director of Public Prosecutions may appear for the Commissioners for His Majesty’s Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director—
a
is asked by, or on behalf of, the Commissioners for His Majesty’s Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and
b
considers it appropriate to do so.
3
The Directors may charge fees for the provision of services under this section.
4
The references in subsection
(1)
to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection
(2)
to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs.
Pt. 5 Chs. 3C-3F inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(c), Sch. 9 para. 1; S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2
Pt. 5 Ch. 3E applied (with modifications) (26.4.2025) by S.I. 2005/3181, art. 213Z21 (as inserted by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 14)