keep The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024
These Rules establish procedural requirements for magistrates' courts in England and Wales governing the detention, freezing, and forfeiture of cryptoassets under the Proceeds of Crime Act 2002. They specify application requirements, notice provisions, hearing timelines (typically 7-day minimum notice), service obligations on applicants, court order distribution requirements, and compensation application procedures for cryptoasset-related items and crypto wallets. The Rules implement chapters 3C, 3D, and 3E of Part 5 of the Act and apply to seizures by various authorities including NCA, police, HMRC, SFO, and immigration officers.
While civil asset forfeiture regimes are problematic, these procedural rules actually impose meaningful constraints on state power: the 7-day minimum notice requirements, mandatory service on affected persons, and structured hearing processes provide due process protections that would not exist without them. Deleting these Rules would not eliminate the underlying forfeiture powers under POCA 2002 but would remove the procedural safeguards governing their exercise. Furthermore, without established procedural rules for this novel asset class, proceedings would be more arbitrary and less protective of affected persons' rights.