Part 5Civil recovery of the proceeds etc. of unlawful conduct
F1CHAPTER 3EForfeiture of cryptoassets following detention or freezing order
Forfeiture orders
303Z46Continuation of crypto wallet freezing order pending appeal
(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.