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Section 127Q: Release of property

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 3: Confiscation: Scotland

This section applies in relation to property which—

has been seized by an appropriate officer under section 127C, and
is detained under or by virtue of any of sections 127J to 127M and 127P.

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

The detention condition is met for so long as—

any of the conditions in section 127B is met, and
there are reasonable grounds for the suspicion mentioned in section 127C(1) or (5A).

Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 127J to 127M and 127P.

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

If a cryptoasset-related item 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—

retain the item and deal with it as they see fit,
dispose of the item, or
destroy the item.

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

where the appropriate officer has taken reasonable steps to notify—
the person from whom the item was seized, and
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

with the approval of a senior officer.

"Senior officer" in subsection (7)(b) has the meaning given in section 127G(3).

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

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.