Captured statutory text (L5)
2
(10)If the person who applied for the order under paragraph 10Z7CA was an authorised officer, that person may enter into an agreement for the purposes of any provision of this paragraph only if the person is a senior officer or is authorised to do so by a senior officer.
(11)An amount received under an order under sub-paragraph (1) must be applied as follows—
(a)first, it must be applied in making any payment of legal expenses which, after giving effect to sub-paragraph (7), are payable under this sub-paragraph in pursuance of provision under sub-paragraph (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 Schedule;
(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(10Z7CE)
(1)Where this paragraph applies and there is no agreement under paragraph 10Z7CD, the magistrates’ court or sheriff may transfer the application made under paragraph 10Z7CA to the appropriate court.
(2)The “appropriate court” is—
(a)the High Court, where the application under paragraph 10Z7CA was made to a magistrates’ court;
(b)the Court of Session, where the application under paragraph 10Z7CA was made to the sheriff.
(3)Where (under sub-paragraph (1)) an application made under paragraph 10Z7CA 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—
(a)is within subsection (1)(a) or (b) of section 1, or
(b)is property earmarked as terrorist property.
(4)An order under sub-paragraph (3) made by the High Court may include provision of the type that may be included in an order under paragraph 10Z7CA(3) made by a magistrates’ court by virtue of paragraph 10Z7CA(4).
(5)If provision is included in an order of the High Court by virtue of sub-paragraph (4) of this paragraph, paragraph 10Z7CA(5) and (6) apply with the necessary modifications.
(6)The appropriate court may, as well as making an order under sub-paragraph (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 sub-paragraph (1)) the magistrates’ court or sheriff decides not to transfer an application made under paragraph 10Z7CA to the appropriate court, the magistrates’ court or sheriff may, as well as making an order under paragraph 10Z7CA(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.
(8)An order under sub-paragraph (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 sub-paragraph (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 sub-paragraph (6) or (7), and including provision in it by virtue of sub-paragraph (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 paragraph 10Z7CA 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 paragraph 10Z7AD and its subsequent detention, or
(ii)the making of the crypto wallet freezing order under paragraph 10Z7BB, and
(b)the circumstances are exceptional,
an order under sub-paragraph (6) or (7) may require the payment of compensation to that person.
(12)The amount of compensation to be paid by virtue of sub-paragraph (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 sub-paragraph (11) is to be paid in the same way that compensation is to be paid under paragraph 10Z7CM.
Continuation of crypto wallet freezing order pending appeal(10Z7CF)
(1)This paragraph applies where, on an application under paragraph 10Z7CA 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 paragraph 10Z7CA(3) in relation to some but not all of the cryptoassets to which the application related, or
(ii)not to make an order under paragraph 10Z7CA(3), or
(b)if the application is transferred in accordance with paragraph 10Z7CE(1), the High Court or Court of Session decides—
(i)to make an order under paragraph 10Z7CE(3) in relation to some but not all of the cryptoassets to which the application related, or
(ii)not to make an order under paragraph 10Z7CE(3).
(2)The person who made the application under paragraph 10Z7CA may apply without notice to the court or sheriff that made the decision referred to in sub-paragraph (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 sub-paragraph (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 sub-paragraph (2), or
(b)if within that period of 48 hours an appeal is brought (whether under paragraph 10Z7CG or otherwise) against the decision referred to in sub-paragraph (1), the time when the appeal is determined or otherwise disposed of.
(4)Sub-paragraph (3) of paragraph 10Z7AF applies for the purposes of sub-paragraph (3) as it applies for the purposes of that paragraph.
Paragraphs 10Z7CA to 10Z7CE: appeals(10Z7CG)
(1)Any party to proceedings for an order for the forfeiture of cryptoassets under paragraph 10Z7CA may appeal against—
(a)the making of an order under paragraph 10Z7CA;
(b)the making of an order under paragraph 10Z7CE(7);
(c)a decision not to make an order under paragraph 10Z7CA unless the reason that no order was made is that an order was instead made under paragraph 10Z7CD;
(d)a decision not to make an order under paragraph 10Z7CE(7).
Paragraphs (c) and (d) do not apply if the application for the order under paragraph 10Z7CA was transferred in accordance with paragraph 10Z7CE(1).
(2)Where an order under paragraph 10Z7CD is made by a magistrates’ court, any party to the proceedings for the order (including any party to the proceedings under paragraph 10Z7CA that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under paragraph 10Z7CD(6).
(3)An appeal under this paragraph 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 paragraph 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)Sub-paragraph (4) is subject to paragraph 10Z7CH.
(6)The court hearing the appeal may make any order it thinks appropriate.
(7)If the court upholds an appeal against an order forfeiting any cryptoasset or other item of property, it may, subject to sub-paragraph (8), order the release of the whole or any part of the property.
(8)If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the property is connected, the property is not to be released under this paragraph (and so is to continue to be detained) until the proceedings are concluded.
Extended time for appealing in certain cases where deproscription order made(10Z7CH)
(1)This paragraph applies where—
(a)a successful application for an order under paragraph 10Z7CA relies (wholly or partly) on the fact that an organisation is proscribed,
(b)an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State,
(c)the property forfeited by the order under paragraph 10Z7CA was seized under this Schedule on or after the date of the refusal of that application,
(d)an appeal against that refusal is allowed under section 5 of the Terrorism Act 2000,
(e)a deproscription order is made accordingly, and
(f)if the order is made in reliance on section 123(5) of the Terrorism Act 2000, a resolution is passed by each House of Parliament under section 123(5)(b) of that Act.
(2)Where this paragraph applies, an appeal under paragraph 10Z7CG against the making of an order under paragraph 10Z7CA, and against the making (in addition) of any order under paragraph 10Z7CE(7), may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force.
(3)In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000.
Realisation or destruction of forfeited cryptoassets etc(10Z7CI)
(1)This paragraph applies where any cryptoasset or other item of property is forfeited under this Part.
(2)An authorised officer must—
(a)realise the property, or
(b)make arrangements for its realisation.
This is subject to sub-paragraphs (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 paragraph 10Z7CG 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 sub-paragraph (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 authorised 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 authorised officer may destroy the cryptoasset.
(6)But—
(a)the authorised 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 paragraph 10Z7CG 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(10Z7CJ)
(1)This paragraph applies where any cryptoasset or other item of property is realised under paragraph 10Z7CI.
(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 paragraph 10Z7CE(9);
(b)second, they must be applied in making any payment of legal expenses which, after giving effect to paragraph 10Z7CA(5) (including as applied by paragraph 10Z7CE(5)), are payable under this sub-paragraph in pursuance of provision under paragraph 10Z7CA(4) or, as the case may be, 10Z7CE(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 Schedule 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 paragraph 10Z7CI represents part only of an item of property, the reference in sub-paragraph (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.
Victims etc: detained cryptoassets(10Z7CK)
(1)A person who claims that any cryptoassets detained under this Schedule belong to the person may apply for some or all of the cryptoassets to be released.
(2)An application under sub-paragraph (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 paragraph 10Z7AG or 10Z7CA or at any other time.
(4)The court or sheriff may, subject to sub-paragraph (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 criminal conduct,
(b)the cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, property obtained by or in return for criminal conduct and nor did they then represent such property, and
(c)the cryptoassets belong to the applicant.
(5)If sub-paragraph (6) applies, the court or sheriff may, subject to sub-paragraph (8), 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 sub-paragraph 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 sub-paragraph (5) has been made by the person from whom those cryptoassets were seized.
(7)The release condition is met—
(a)if the conditions in Part 4BA 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 paragraph 10Z7CA, if the court or sheriff decides not to make an order under that paragraph in relation to the cryptoassets.
(8)If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the cryptoassets are connected, the cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded.
Victims etc: crypto wallet freezing orders(10Z7CL)
(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 sub-paragraph (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 paragraph 10Z7BB or 10Z7CA or at any other time.
(4)The court or sheriff may, subject to sub-paragraph (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 criminal conduct,
(b)the cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, property obtained by or in return for criminal conduct and nor did they then represent such property, and
(c)the cryptoassets belong to the applicant.
(5)If sub-paragraph (6) applies, the court or sheriff may, subject to sub-paragraph (8), order the cryptoassets to which the application relates to be released to the applicant.
(6)This sub-paragraph 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 sub-paragraph (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 paragraph 10Z7CA, if the court or sheriff decides not to make an order under that paragraph in relation to the cryptoassets.
(8)Cryptoassets are not to be released under this paragraph—
(a)if an application for their forfeiture under paragraph 10Z7CA is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded;
(b)if (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the cryptoassets are connected, until the proceedings are concluded.
(9)In relation to cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order, references in this paragraph 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(10Z7CM)
(1)This paragraph applies if no order is made under paragraph 10Z7CA, 10Z7CD or 10Z7CE in respect of cryptoassets detained under this Schedule or held in a crypto wallet that is subject to a crypto wallet freezing order under paragraph 10Z7BB.
(2)Where this paragraph 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;
(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—
Full captured verbatim text
(10) If the person who applied for the order under paragraph 10Z7CA was an authorised officer, that person may enter into an agreement for the purposes of any provision of this paragraph only if the person is a senior officer or is authorised to do so by a senior officer. (11) An amount received under an order under sub-paragraph (1) must be applied as follows— (a) first, it must be applied in making any payment of legal expenses which, after giving effect to sub-paragraph (7), are payable under this sub-paragraph in pursuance of provision under sub-paragraph (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 Schedule; (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(10Z7CE) (1) Where this paragraph applies and there is no agreement under paragraph 10Z7CD, the magistrates’ court or sheriff may transfer the application made under paragraph 10Z7CA to the appropriate court. (2) The “appropriate court” is— (a) the High Court, where the application under paragraph 10Z7CA was made to a magistrates’ court; (b) the Court of Session, where the application under paragraph 10Z7CA was made to the sheriff. (3) Where (under sub-paragraph (1)) an application made under paragraph 10Z7CA 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— (a) is within subsection (1)(a) or (b) of section 1, or (b) is property earmarked as terrorist property. (4) An order under sub-paragraph (3) made by the High Court may include provision of the type that may be included in an order under paragraph 10Z7CA(3) made by a magistrates’ court by virtue of paragraph 10Z7CA(4). (5) If provision is included in an order of the High Court by virtue of sub-paragraph (4) of this paragraph, paragraph 10Z7CA(5) and (6) apply with the necessary modifications. (6) The appropriate court may, as well as making an order under sub-paragraph (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 sub-paragraph (1)) the magistrates’ court or sheriff decides not to transfer an application made under paragraph 10Z7CA to the appropriate court, the magistrates’ court or sheriff may, as well as making an order under paragraph 10Z7CA(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. (8) An order under sub-paragraph (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 sub-paragraph (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 sub-paragraph (6) or (7), and including provision in it by virtue of sub-paragraph (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 paragraph 10Z7CA 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 paragraph 10Z7AD and its subsequent detention, or (ii) the making of the crypto wallet freezing order under paragraph 10Z7BB, and (b) the circumstances are exceptional, an order under sub-paragraph (6) or (7) may require the payment of compensation to that person. (12) The amount of compensation to be paid by virtue of sub-paragraph (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 sub-paragraph (11) is to be paid in the same way that compensation is to be paid under paragraph 10Z7CM. Continuation of crypto wallet freezing order pending appeal(10Z7CF) (1) This paragraph applies where, on an application under paragraph 10Z7CA 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 paragraph 10Z7CA(3) in relation to some but not all of the cryptoassets to which the application related, or (ii) not to make an order under paragraph 10Z7CA(3), or (b) if the application is transferred in accordance with paragraph 10Z7CE(1), the High Court or Court of Session decides— (i) to make an order under paragraph 10Z7CE(3) in relation to some but not all of the cryptoassets to which the application related, or (ii) not to make an order under paragraph 10Z7CE(3). (2) The person who made the application under paragraph 10Z7CA may apply without notice to the court or sheriff that made the decision referred to in sub-paragraph (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 sub-paragraph (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 sub-paragraph (2), or (b) if within that period of 48 hours an appeal is brought (whether under paragraph 10Z7CG or otherwise) against the decision referred to in sub-paragraph (1), the time when the appeal is determined or otherwise disposed of. (4) Sub-paragraph (3) of paragraph 10Z7AF applies for the purposes of sub-paragraph (3) as it applies for the purposes of that paragraph. Paragraphs 10Z7CA to 10Z7CE: appeals(10Z7CG) (1) Any party to proceedings for an order for the forfeiture of cryptoassets under paragraph 10Z7CA may appeal against— (a) the making of an order under paragraph 10Z7CA; (b) the making of an order under paragraph 10Z7CE(7); (c) a decision not to make an order under paragraph 10Z7CA unless the reason that no order was made is that an order was instead made under paragraph 10Z7CD; (d) a decision not to make an order under paragraph 10Z7CE(7). Paragraphs (c) and (d) do not apply if the application for the order under paragraph 10Z7CA was transferred in accordance with paragraph 10Z7CE(1). (2) Where an order under paragraph 10Z7CD is made by a magistrates’ court, any party to the proceedings for the order (including any party to the proceedings under paragraph 10Z7CA that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under paragraph 10Z7CD(6). (3) An appeal under this paragraph 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 paragraph 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) Sub-paragraph (4) is subject to paragraph 10Z7CH. (6) The court hearing the appeal may make any order it thinks appropriate. (7) If the court upholds an appeal against an order forfeiting any cryptoasset or other item of property, it may, subject to sub-paragraph (8), order the release of the whole or any part of the property. (8) If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the property is connected, the property is not to be released under this paragraph (and so is to continue to be detained) until the proceedings are concluded. Extended time for appealing in certain cases where deproscription order made(10Z7CH) (1) This paragraph applies where— (a) a successful application for an order under paragraph 10Z7CA relies (wholly or partly) on the fact that an organisation is proscribed, (b) an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State, (c) the property forfeited by the order under paragraph 10Z7CA was seized under this Schedule on or after the date of the refusal of that application, (d) an appeal against that refusal is allowed under section 5 of the Terrorism Act 2000, (e) a deproscription order is made accordingly, and (f) if the order is made in reliance on section 123(5) of the Terrorism Act 2000, a resolution is passed by each House of Parliament under section 123(5)(b) of that Act. (2) Where this paragraph applies, an appeal under paragraph 10Z7CG against the making of an order under paragraph 10Z7CA, and against the making (in addition) of any order under paragraph 10Z7CE(7), may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force. (3) In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000. Realisation or destruction of forfeited cryptoassets etc(10Z7CI) (1) This paragraph applies where any cryptoasset or other item of property is forfeited under this Part. (2) An authorised officer must— (a) realise the property, or (b) make arrangements for its realisation. This is subject to sub-paragraphs (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 paragraph 10Z7CG 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 sub-paragraph (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 authorised 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 authorised officer may destroy the cryptoasset. (6) But— (a) the authorised 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 paragraph 10Z7CG 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(10Z7CJ) (1) This paragraph applies where any cryptoasset or other item of property is realised under paragraph 10Z7CI. (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 paragraph 10Z7CE(9); (b) second, they must be applied in making any payment of legal expenses which, after giving effect to paragraph 10Z7CA(5) (including as applied by paragraph 10Z7CE(5)), are payable under this sub-paragraph in pursuance of provision under paragraph 10Z7CA(4) or, as the case may be, 10Z7CE(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 Schedule 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 paragraph 10Z7CI represents part only of an item of property, the reference in sub-paragraph (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. Victims etc: detained cryptoassets(10Z7CK) (1) A person who claims that any cryptoassets detained under this Schedule belong to the person may apply for some or all of the cryptoassets to be released. (2) An application under sub-paragraph (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 paragraph 10Z7AG or 10Z7CA or at any other time. (4) The court or sheriff may, subject to sub-paragraph (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 criminal conduct, (b) the cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, property obtained by or in return for criminal conduct and nor did they then represent such property, and (c) the cryptoassets belong to the applicant. (5) If sub-paragraph (6) applies, the court or sheriff may, subject to sub-paragraph (8), 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 sub-paragraph 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 sub-paragraph (5) has been made by the person from whom those cryptoassets were seized. (7) The release condition is met— (a) if the conditions in Part 4BA 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 paragraph 10Z7CA, if the court or sheriff decides not to make an order under that paragraph in relation to the cryptoassets. (8) If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the cryptoassets are connected, the cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded. Victims etc: crypto wallet freezing orders(10Z7CL) (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 sub-paragraph (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 paragraph 10Z7BB or 10Z7CA or at any other time. (4) The court or sheriff may, subject to sub-paragraph (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 criminal conduct, (b) the cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, property obtained by or in return for criminal conduct and nor did they then represent such property, and (c) the cryptoassets belong to the applicant. (5) If sub-paragraph (6) applies, the court or sheriff may, subject to sub-paragraph (8), order the cryptoassets to which the application relates to be released to the applicant. (6) This sub-paragraph 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 sub-paragraph (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 paragraph 10Z7CA, if the court or sheriff decides not to make an order under that paragraph in relation to the cryptoassets. (8) Cryptoassets are not to be released under this paragraph— (a) if an application for their forfeiture under paragraph 10Z7CA is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded; (b) if (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the cryptoassets are connected, until the proceedings are concluded. (9) In relation to cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order, references in this paragraph 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(10Z7CM) (1) This paragraph applies if no order is made under paragraph 10Z7CA, 10Z7CD or 10Z7CE in respect of cryptoassets detained under this Schedule or held in a crypto wallet that is subject to a crypto wallet freezing order under paragraph 10Z7BB. (2) Where this paragraph 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; (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—