Part 5

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

Forfeiture of cryptoassets following detention or freezing order

Forfeiture orders

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.
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)