The Crown Court (Amendment No. 2) Rules 2024
These Rules amend the Crown Court Rules 1982 (S.I. 1982/1109) (“CCR”) to take account of amendments made to Part 5 of the Proceeds of Crime Act 2002 (c. 29) (“POCA”) and Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (“ATCSA”) by the Economic Crime and Corporate Transparency Act 2023 (c. 56) (“ECCT Act”). The amendments are:Schedule 9 to the ECCT Act inserted new Chapters 3C to 3E into Part 5 of POCA, which permit the seizure and detention, or freezing, and forfeiture of cryptoassets which derive from, or are intended for use in, unlawful conduct. Under Chapter 3C, property can be detained for an initial period after seizure, after which time an order for further detention of the property must be obtained. Under Chapter 3D, law enforcement agencies may apply for an order freezing cryptoassets held in a crypto wallet. Section 303Z47 of POCA provides for an appeal to the Crown Court by any party to proceedings in which an order is made by a magistrates’ court for the forfeiture of cryptoassets. In addition, new section 303Z17A allows victims and other owners to apply for the release of funds frozen in a bank account under Chapter 3B of Part 5 of POCA.Schedule 10 to the ECCT Act inserted new Parts 4BA to 4BC into Schedule 1 to ATCSA, which permit the seizure and detention, or freezing, and forfeiture of terrorist cryptoassets. Under Part 4BA, property can be detained for an initial period after seizure, after which time an order for further detention of the property must be obtained. Under Part 4BB, law enforcement agencies may apply for an order freezing cryptoassets held in a crypto wallet. Paragraph 10Z7CG of Schedule 1 to ATCSA provides for an appeal to the Crown Court by any party to proceedings in which an order is made by a magistrates’ court for the forfeiture of cryptoassets. In addition, new paragraph 10Z6A allows victims and other owners to apply for the release of funds frozen in a bank account under Part 4B of Schedule 1 to ATCSA.