Captured statutory text (L5)
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(b)from an order or decision of the sheriff, to the Sheriff Appeal Court;
(c)from an order or decision of a magistrates’ court in Northern Ireland, to a county court.
(2)An appeal under sub-paragraph (1) must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision.
(3)The court hearing the appeal may make any order it thinks appropriate.
(4)If the court upholds an appeal against an order forfeiting the converted cryptoassets, it may, subject to sub-paragraph (5), order the release of some or all of the converted cryptoassets.
(5)If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the converted cryptoassets are connected, the converted cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded.
Extended time for appealing in certain cases where deproscription order made(10Z7DI)
(1)This paragraph applies where—
(a)a successful application for an order under paragraph 10Z7DG 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 converted cryptoassets forfeited by the order under paragraph 10Z7DG were converted from cryptoassets which were 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 10Z7DH against the making of an order under paragraph 10Z7DG 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.
Application of forfeited converted cryptoassets(10Z7DJ)
(1)Converted cryptoassets detained under paragraph 10Z7DD and forfeited under paragraph 10Z7DG, and any accrued interest on them, must be applied as follows—
(a)first, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the safe storage of the cryptoassets mentioned in paragraph 10Z7DD(1) during the period the cryptoassets were detained under Part 4BA;
(b)second, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the conversion of those cryptoassets under paragraph 10Z7DA(6);
(c)third, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the detention of the converted cryptoassets under this Part;
(d)fourth, they must be paid—
(i)if forfeited by a magistrates’ court in England and Wales or Northern Ireland, into the Consolidated Fund, and
(ii)if forfeited by the sheriff, into the Scottish Consolidated Fund.
(2)Converted cryptoassets detained under paragraph 10Z7DE and forfeited under paragraph 10Z7DG, and any accrued interest on them, must be applied as follows—
(a)first, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the detention of the converted cryptoassets under this Part;
(b)second, they must be paid—
(i)if forfeited by a magistrates’ court in England and Wales or Northern Ireland, into the Consolidated Fund, and
(ii)if forfeited by the sheriff, into the Scottish Consolidated Fund.
(3)But converted cryptoassets are not to be applied or paid under sub-paragraph (1) or (2)—
(a)before the end of the period within which an appeal under paragraph 10Z7DH may be made, or
(b)if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of.
Victims etc(10Z7DK)
(1)This paragraph applies where converted cryptoassets are detained under this Part.
(2)Where this paragraph applies, a person (“P”) who claims that the relevant cryptoassets belonged to P immediately before—
(a)the relevant cryptoassets were seized, or
(b)the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held,
may apply to the relevant court for some or all of the converted cryptoassets to be released to P.
(3)The application may be made in the course of proceedings under paragraph 10Z7DD, 10Z7DE or 10Z7DG or at any other time.
(4)The relevant court may, subject to sub-paragraph (9), order the converted cryptoassets to which the application relates to be released to the applicant if it appears to the relevant court that the condition in sub-paragraph (5) is met.
(5)The condition in this sub-paragraph is that—
(a)the applicant was deprived of the relevant cryptoassets, or of property which they represent, by criminal conduct,
(b)the relevant 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 relevant cryptoassets belonged to the applicant immediately before—
(i)the relevant cryptoassets were seized, or
(ii)the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held.
(6)If sub-paragraph (7) applies, the relevant court may, subject to sub-paragraph (9), order the converted cryptoassets to which the application relates to be released to the applicant or to the person from whom the relevant cryptoassets were seized.
(7)This sub-paragraph applies where—
(a)the applicant is not the person from whom the relevant cryptoassets were seized,
(b)it appears to the relevant court that the relevant cryptoassets belonged to the applicant immediately before—
(i)the relevant cryptoassets were seized, or
(ii)the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held,
(c)the relevant court is satisfied that the release condition is met in relation to the converted cryptoassets, and
(d)no objection to the making of an order under sub-paragraph (6) has been made by the person from whom the relevant cryptoassets were seized.
(8)The release condition is met—
(a)if the conditions in this Part for the detention of the converted cryptoassets are no longer met, or
(b)in relation to converted cryptoassets which are subject to an application for forfeiture under paragraph 10Z7DG, if the court or sheriff decides not to make an order under that paragraph in relation to the converted cryptoassets.
(9)If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the converted cryptoassets are connected, the converted cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded
(10)Where sub-paragraph (2)(b) applies, references in this paragraph to a person from whom relevant cryptoassets were seized include a reference to a person by or for whom the crypto wallet mentioned in that provision was administered immediately before the crypto wallet freezing order was made in relation to the crypto wallet.
(11)In this paragraph “the relevant cryptoassets” means—
(a)in relation to converted cryptoassets detained under paragraph 10Z7DD, some or all of the cryptoassets mentioned in sub-paragraph (1) of that paragraph, and
(b)in relation to converted cryptoassets detained under paragraph 10Z7DE, some or all of the cryptoassets mentioned in sub-paragraph (1) of that paragraph.
Compensation(10Z7DL)
(1)This paragraph applies if no order is made under paragraph 10Z7DG in respect of converted cryptoassets detained under this Part.
(2)Where this paragraph applies, the following may make an application to the relevant court for compensation—
(a)a person to whom the relevant cryptoassets belonged immediately before they were seized;
(b)a person from whom the relevant cryptoassets were seized;
(c)a person by or for whom the crypto wallet mentioned in paragraph 10Z7DE(1) was administered immediately before the crypto wallet freezing order was made in relation to the crypto wallet.
(3)If the relevant court is satisfied that—
(a)the applicant has suffered loss as a result of—
(i)the conversion of the relevant cryptoassets into money, or
(ii)the detention of the converted cryptoassets, and
(b)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 relevant cryptoassets were seized, or the relevant 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 relevant cryptoassets were seized, or the relevant 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 relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by a counter-terrorism financial investigator, the compensation is to be paid as follows—
(a)in the case of a counter-terrorism financial 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 a counter-terrorism financial 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.
(8)If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by an immigration officer, the compensation is to be paid by the Secretary of State.
(9)This paragraph does not apply if the relevant court makes an order under paragraph 10Z7DK.
(10)In this paragraph—
“the relevant cryptoassets” means—
in relation to converted cryptoassets detained under paragraph 10Z7DD, the cryptoassets mentioned in sub-paragraph (1) of that paragraph;
in relation to converted cryptoassets detained under paragraph 10Z7DE, the cryptoassets mentioned in sub-paragraph (1) of that paragraph;
“the relevant crypto wallet freezing order”, in relation to converted cryptoassets detained under paragraph 10Z7DE, means the crypto wallet freezing order mentioned in sub-paragraph (1) of that paragraph.
Full captured verbatim text
(b) from an order or decision of the sheriff, to the Sheriff Appeal Court; (c) from an order or decision of a magistrates’ court in Northern Ireland, to a county court. (2) An appeal under sub-paragraph (1) must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision. (3) The court hearing the appeal may make any order it thinks appropriate. (4) If the court upholds an appeal against an order forfeiting the converted cryptoassets, it may, subject to sub-paragraph (5), order the release of some or all of the converted cryptoassets. (5) If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the converted cryptoassets are connected, the converted cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded. Extended time for appealing in certain cases where deproscription order made(10Z7DI) (1) This paragraph applies where— (a) a successful application for an order under paragraph 10Z7DG 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 converted cryptoassets forfeited by the order under paragraph 10Z7DG were converted from cryptoassets which were 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 10Z7DH against the making of an order under paragraph 10Z7DG 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. Application of forfeited converted cryptoassets(10Z7DJ) (1) Converted cryptoassets detained under paragraph 10Z7DD and forfeited under paragraph 10Z7DG, and any accrued interest on them, must be applied as follows— (a) first, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the safe storage of the cryptoassets mentioned in paragraph 10Z7DD(1) during the period the cryptoassets were detained under Part 4BA; (b) second, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the conversion of those cryptoassets under paragraph 10Z7DA(6); (c) third, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the detention of the converted cryptoassets under this Part; (d) fourth, they must be paid— (i) if forfeited by a magistrates’ court in England and Wales or Northern Ireland, into the Consolidated Fund, and (ii) if forfeited by the sheriff, into the Scottish Consolidated Fund. (2) Converted cryptoassets detained under paragraph 10Z7DE and forfeited under paragraph 10Z7DG, and any accrued interest on them, must be applied as follows— (a) first, they must be applied in making any payment of reasonable expenses incurred by an authorised officer in connection with the detention of the converted cryptoassets under this Part; (b) second, they must be paid— (i) if forfeited by a magistrates’ court in England and Wales or Northern Ireland, into the Consolidated Fund, and (ii) if forfeited by the sheriff, into the Scottish Consolidated Fund. (3) But converted cryptoassets are not to be applied or paid under sub-paragraph (1) or (2)— (a) before the end of the period within which an appeal under paragraph 10Z7DH may be made, or (b) if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of. Victims etc(10Z7DK) (1) This paragraph applies where converted cryptoassets are detained under this Part. (2) Where this paragraph applies, a person (“P”) who claims that the relevant cryptoassets belonged to P immediately before— (a) the relevant cryptoassets were seized, or (b) the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held, may apply to the relevant court for some or all of the converted cryptoassets to be released to P. (3) The application may be made in the course of proceedings under paragraph 10Z7DD, 10Z7DE or 10Z7DG or at any other time. (4) The relevant court may, subject to sub-paragraph (9), order the converted cryptoassets to which the application relates to be released to the applicant if it appears to the relevant court that the condition in sub-paragraph (5) is met. (5) The condition in this sub-paragraph is that— (a) the applicant was deprived of the relevant cryptoassets, or of property which they represent, by criminal conduct, (b) the relevant 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 relevant cryptoassets belonged to the applicant immediately before— (i) the relevant cryptoassets were seized, or (ii) the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held. (6) If sub-paragraph (7) applies, the relevant court may, subject to sub-paragraph (9), order the converted cryptoassets to which the application relates to be released to the applicant or to the person from whom the relevant cryptoassets were seized. (7) This sub-paragraph applies where— (a) the applicant is not the person from whom the relevant cryptoassets were seized, (b) it appears to the relevant court that the relevant cryptoassets belonged to the applicant immediately before— (i) the relevant cryptoassets were seized, or (ii) the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held, (c) the relevant court is satisfied that the release condition is met in relation to the converted cryptoassets, and (d) no objection to the making of an order under sub-paragraph (6) has been made by the person from whom the relevant cryptoassets were seized. (8) The release condition is met— (a) if the conditions in this Part for the detention of the converted cryptoassets are no longer met, or (b) in relation to converted cryptoassets which are subject to an application for forfeiture under paragraph 10Z7DG, if the court or sheriff decides not to make an order under that paragraph in relation to the converted cryptoassets. (9) If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the converted cryptoassets are connected, the converted cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded (10) Where sub-paragraph (2)(b) applies, references in this paragraph to a person from whom relevant cryptoassets were seized include a reference to a person by or for whom the crypto wallet mentioned in that provision was administered immediately before the crypto wallet freezing order was made in relation to the crypto wallet. (11) In this paragraph “the relevant cryptoassets” means— (a) in relation to converted cryptoassets detained under paragraph 10Z7DD, some or all of the cryptoassets mentioned in sub-paragraph (1) of that paragraph, and (b) in relation to converted cryptoassets detained under paragraph 10Z7DE, some or all of the cryptoassets mentioned in sub-paragraph (1) of that paragraph. Compensation(10Z7DL) (1) This paragraph applies if no order is made under paragraph 10Z7DG in respect of converted cryptoassets detained under this Part. (2) Where this paragraph applies, the following may make an application to the relevant court for compensation— (a) a person to whom the relevant cryptoassets belonged immediately before they were seized; (b) a person from whom the relevant cryptoassets were seized; (c) a person by or for whom the crypto wallet mentioned in paragraph 10Z7DE(1) was administered immediately before the crypto wallet freezing order was made in relation to the crypto wallet. (3) If the relevant court is satisfied that— (a) the applicant has suffered loss as a result of— (i) the conversion of the relevant cryptoassets into money, or (ii) the detention of the converted cryptoassets, and (b) 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 relevant cryptoassets were seized, or the relevant 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 relevant cryptoassets were seized, or the relevant 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 relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by a counter-terrorism financial investigator, the compensation is to be paid as follows— (a) in the case of a counter-terrorism financial 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 a counter-terrorism financial 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. (8) If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by an immigration officer, the compensation is to be paid by the Secretary of State. (9) This paragraph does not apply if the relevant court makes an order under paragraph 10Z7DK. (10) In this paragraph— “the relevant cryptoassets” means— in relation to converted cryptoassets detained under paragraph 10Z7DD, the cryptoassets mentioned in sub-paragraph (1) of that paragraph; in relation to converted cryptoassets detained under paragraph 10Z7DE, the cryptoassets mentioned in sub-paragraph (1) of that paragraph; “the relevant crypto wallet freezing order”, in relation to converted cryptoassets detained under paragraph 10Z7DE, means the crypto wallet freezing order mentioned in sub-paragraph (1) of that paragraph.