Part 5Civil recovery of the proceeds etc. of unlawful conduct

F1CHAPTER 3CRecovery of cryptoassets: searches, seizure and detention

Seizure and detention of cryptoasset-related items

303Z26Seizure of cryptoasset-related items

(1)

An enforcement officer may seize any item of property if the enforcement officer has reasonable grounds for suspecting that the item is a cryptoasset-related item.

(2)

If an enforcement officer is lawfully on any premises, the officer may, for the purpose of—

(a)

determining whether any property is a cryptoasset-related item, or

(b)

enabling or facilitating the seizure under this Chapter of any cryptoasset,

require any information which is stored in any electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form.

(3)

But subsection (2) does not authorise an enforcement officer to require a person to produce privileged information.

(4)

In this section “privileged information” means information which a person would be entitled to refuse to provide—

(a)

in England and Wales and Northern Ireland, on grounds of legal professional privilege in proceedings in the High Court;

(b)

in Scotland, on grounds of legal privilege as defined by section 412.

(5)

Where an enforcement officer has seized a cryptoasset-related item under subsection (1), the officer may use any information obtained from the item for the purpose of—

(a)

identifying or gaining access to a crypto wallet, and

(b)

by doing so, enabling or facilitating the seizure under this Chapter of any cryptoassets.

(6)

This section does not authorise the seizure by an SFO officer or an accredited financial investigator of an item found in Scotland.