Paragraph 20 Extension to Crown Court of powers in relation to money, cryptoassets and personal propertyI1

England and Wales Not yet in force

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 67 (money)—

(a)

in subsection (5)—

(i)

for “a magistrates’ court” substitute “the enforcing court”;

(ii)

for “to the designated officer for the court” substitute “, as mentioned in subsection (5ZA),”;

(b)

after subsection (5) insert—

“(5ZA)
The money must be paid—
(a)
in a case where the enforcing court is for the time being a magistrates’ court, to the designated officer for the court;
(b)
in a case where the enforcing court is for the time being the Crown Court, to the designated officer for the collecting magistrates’ court (see section 35K(4)).”;

(c)

in subsection (5B), for “a magistrates’ court” substitute “the enforcing court”;

(d)

in subsection (6)—

(i)

in paragraph (a), for “magistrates’ court” substitute “enforcing court”;

(ii)

in paragraph (b), for “the court” substitute “a magistrates’ court”.

(3)

In section 67ZA (cryptoassets)—

(a)

in subsection (3)—

(i)

in the words before paragraph (a), for “A magistrates’ court” substitute “The enforcing court”;

(ii)

in paragraph (b), for “to the designated officer for the court” substitute “, as mentioned in subsection (3A),”;

(b)

after subsection (3) insert—

“(3A)
The proceeds of the realisation must be paid—
(a)
in a case where the enforcing court is for the time being a magistrates’ court, to the designated officer for the court;
(b)
in a case where the enforcing court is for the time being the Crown Court, to the designated officer for the collecting magistrates’ court (see section 35K(4)).”;

(c)

in subsection (5), for “a magistrates’ court” substitute “the enforcing court”;

(d)

in subsection (6)—

(i)

in paragraph (a), for “magistrates’ court” substitute “enforcing court”;

(ii)

in paragraph (b), for “the court” substitute “a magistrates’ court”.

(4)

In section 67A(3) (seized personal property), for “a magistrates’ court” substitute “the enforcing court”.

(5)

In section 67AA(2) (destruction of seized cryptoassets), for “A magistrates’ court” substitute “The enforcing court”.

(6)

In section 67B(1) (costs of storage and realisation), for “a magistrates’ court” substitute “the enforcing court”.

(7)

In section 67D (proceeds of realisation)—

(a)

in subsection (2)(c), after “third,” insert “in a case where the sums are the proceeds of the realisation of property under section 67A,”;

(b)

in subsection (6), in the definition of “appropriate designated officer”, for the words from “the designated officer” to the end substitute

“—
(a)
in a case where the enforcing court is for the time being a magistrates’ court, the designated officer for the court;
(b)
in a case where the enforcing court is for the time being the Crown Court, the designated officer for the collecting magistrates’ court (see section 35K(4)).”

(8)

In section 69(2A) (powers of court and receiver etc), in paragraph (c) for “a magistrates’ court” substitute “the enforcing court”.

Annotations

Commencement

I1: Sch. 21 para. 20 not in force at Royal Assent, see s. 255(1)