Jurisdiction(s):
United Kingdom

Scottish sheriff court civil recovery of cryptoassets under POCA 2002: search, seizure, detention, crypto wallet freezing orders, forfeiture and conversion

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Practice notes

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This Practice Note sets out the Scottish approach to civil recovery in the sheriff court setting where cryptoassets are concerned. It focuses exclusively on the sheriff court context. For material on the sheriff court route for cash, listed assets and accounts, see Practice Note: Scottish civil recovery in the sheriff court—cash, listed assets, accounts and investigatory powers. For the Court of Session route, see Practice Note: Scottish civil recovery—process and procedure in the Court of Session.

Search, seizure and detention of cryptoassets (Chapter 3C)

This part addresses Scotland-specific provisions in Chapter 3C of the Proceeds of Crime Act 2002 (POCA 2002). For additional detail, consult our E&W Practice Note: Search, detention, recovery and conversion of cryptoassets under POCA 2002—civil recovery. In November 2024, the statutory powers to search for cash under POCA 2002, s 298, and for listed assets under POCA 2002, s 303C, were expanded to capture items linked to cryptoassets. A code of practice will explain when and how those powers should be used. Where powers are exercised without prior approval, reports must be provided to the appointed person. The code of practice has not yet been issued. Its publication is awaited. Relevant cryptoasset definitions—key...

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Web page updated on 21/05/2026

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