Article 65K Release of propertyF1

(1)

This article applies in relation to property which—

(a)

has been seized by an appropriate officer under article 65B; and

(b)

is detained under or by virtue of article 65I or 65J.

(2)

The property must be released if at any time an appropriate officer decides that the detention condition is no longer met.

(3)

The detention condition is met for so long as—

(a)

either condition in article 65A is met; and

(b)

there are reasonable grounds for the suspicion mentioned in article 65B(1) F2or (4A).

(4)

Nothing in this article requires property to be released if there is a power to detain it otherwise than under or by virtue of article 65I or 65J.

(5)

Nothing in this article affects the operation of any power or duty to release property that arises apart from this article.

F3(6)

If a cryptoasset-related item, as defined by article 65(4B), which has been released is not claimed within the period of a year beginning with the date on which it was released, the appropriate officer may—

(a)

retain the item and deal with it as they see fit,

(b)

dispose of the item, or

(c)

destroy the item.

(7)

The powers in paragraph (6) may be exercised only—

(a)

where the appropriate officer has taken reasonable steps to notify—

(i)

the person from whom the item was seized, and

(ii)

any other persons who the appropriate officer has reasonable grounds to believe have an interest in the item,

that the item has been released, and

(b)

with the approval of a senior officer.

(8)

“Senior officer” in paragraph (7)(b) has the meaning given in article 65F(3).

(9)

Any proceeds of a disposal of the item are to be paid into the Scottish Consolidated Fund.

Annotations

Textual amendments

F1: Ch. 1A inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2015 (S.I. 2015/1750), arts. 1(2), 25
F2: Words in art. 65K(3)(b) inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 8(4)(a)
F3: Art. 65K(6)-(9) inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 8(4)(b)