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Criminal Justice (Scotland) Act 1987
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Changes over time for: Section 4
Version Superseded: 31/03/1996
Alternative versions:
- 01/02/1991- Amendment
- 03/02/1995
Point in time - 31/03/1996- Amendment
- 01/04/1996- Amendment
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Point in time view as at 03/02/1995. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 1987, Section 4.
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4 Statements relating to drug trafficking.E+W+S
(1)Without prejudice to section 150 of the M11975 Act, where the prosecutor has, as regards a person, moved for an order under section 1(1) of this Act the prosecutor may lodge with the clerk of court a statement as to any matters relevant to the assessment of the value of that person’s proceeds of drug trafficking and if the person accepts to any extent any allegation in the statement the Court may, for the purposes of that assessment, treat that acceptance as conclusive of the matters to which it relates.
(2)Where—
(a)a statement is lodged under subsection (1) above, and
(b)the Court is satisfied that a copy of that statement has been served on the person,
the Court may require the person to indicate, within such period as the Court may specify, to what extent he accepts each allegation in the statement and, in so far as he does not accept any such allegation, to indicate the basis of such non-acceptance.
(3)If the person fails in any respect to comply with a requirement under subsection (2) above, he may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which he has complied with the requirement.
(4)Without prejudice to section 150 of the 1975 Act, where—
(a)there is lodged with the clerk of court by the person a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made, and
(b)the prosecutor accepts to any extent any allegation in the statement,
the Court may, for the purposes of that determination, treat that acceptance as conclusive of the matters to which it relates.
(5)No acceptance by the person under this section that any payment or other reward was received by him in connection with drug trafficking carried on by him or another shall be admissible in evidence in any proceedings, whether in Scotland or elsewhere, in respect of an offence.
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