Economic Crime and Corporate Transparency Act 2023

Detention and release of propertyU.K.

This section has no associated Explanatory Notes

25(1)Section 127M (further detention in other cases) is amended as follows.

(2)In subsection (2)(b), omit “(within the meaning of section 127C(4))”.

(3)After subsection (2) insert—

(2A)The sheriff may by order extend the period for which the property may be detained under section 127J if satisfied that—

(a)any of the conditions in section 127B is met (reading references in that section to the officer as references to the sheriff),

(b)the property is free property, and

(c)there are reasonable grounds for suspecting that the property is a cryptoasset-related item.

(2B)An order under subsection (2A) may not be made in respect of exempt property unless the sheriff is satisfied that the person applying for the order is working diligently and expeditiously—

(a)to determine whether the property is a cryptoasset-related item, or

(b)if it has already been determined to be such an item, to seize any related cryptoassets under section 127C(1).

(2C)An order under subsection (2A) may not extend the period for which the property may be detained beyond the period of—

(a)six months beginning with the date of the order, or

(b)in the case of exempt property, 14 days beginning with that date.

This does not prevent the period from being further extended by another order under this section.

(2D)The period of 14 days referred to in subsection (2C)(b) is to be calculated in accordance with section 127H(7) (reading the reference there to 48 hours as a reference to 14 days).

(4)In subsection (6), after “section” insert

  • exempt property” has the meaning given in section 127C(4) (reading references there to the accused as references to the person by whom the property is held);.

Commencement Information

I1Sch. 8 para. 25 in force at Royal Assent for specified purposes, see s. 219(2)(b)(4)