F1F1Part V DRUG TRAFFICKING
Investigations and disclosure of information
31 Order to make material available.
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32 Authority for search.
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Interpretation of sections 31 and 32.
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 Prosecution by order of the Commissioners of Customs and Excise.
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 Disclosure of information held by government departments.
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences
36 Offence of prejudicing investigation.
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Acquisition, possession or use of proceeds of drug trafficking.
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38 Offence of assisting another to retain the proceeds of drug trafficking.
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 Failure to disclose knowledge or suspicion of money laundering.
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 Tipping-off.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 Offences relating to controlled drugs: fines.
1
Without prejudice to section 211(7) of the M1Criminal Procedure (Scotland) Act 1995 (fines) but subject to section 10(3)(a) of the M2Proceeds of Crime (Scotland) Act 1995, where a person is convicted on indictment of an offence to which this section relates and sentenced in respect of that offence to a period of imprisonment or detention, the Court where—
a
paragraph (b) below does not apply shall, unless it is satisfied that for any reason it would be inappropriate to do so, also impose a fine;
b
it makes a confiscation order under section 1(1) of the Proceeds of Crime (Scotland) Act 1995 as regards the person, may also impose a fine.
2
In determining the amount of a fine imposed under paragraph (a) of subsection (1) above, the Court shall have regard to any profits likely to have been made by the person from the crime in respect of which he has been convicted.
3
This section relates to an offence which is a drug trafficking offence within the meaning of the said last mentioned Act of 1995.
4
Where in any proceedings a fine has been imposed by virtue of subsection (1) above as regards a person and a period of imprisonment or detention is imposed on him in default of payment of its amount (or as the case may be of an instalment thereof), that period shall run from the expiry of any other period of imprisonment or detention (not being one of life imprisonment or detention for life) imposed on him in the proceedings.
5
The reference in subsection (4) above to “any other period of imprisonment or detention imposed” includes (without prejudice to the generality of the expression) a reference to such a period imposed on default of payment of a fine (or instalment thereof) or of a confiscation order (or instalment thereof); but only where that default has occurred before the warrant for imprisonment is issued for the default in relation to the fine imposed by virtue of subsection (1) of this section.
42 Extension of certain offences to Crown servants and exemptions for regulators etc.
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43 Interpretation of Part V.
1
In this Part of this Act (except where the context otherwise requires)—
“authorised government department” means a government department which is an authorised department for the purposes of the M3Crown Proceedings Act 1947;
“confiscation order” means an order under section 1(1), 11(4), 12(3) or 13 of the M4Proceeds of Crime (Scotland) Act 1995; and
“drug trafficking” has the same meaning as in the said Act of 1995.
2
This Part of this Act shall (except where the context otherwise requires) be construed as one with the M5Criminal Procedure (Scotland) Act 1995.
3
This Part of this Act applies to property whether it is situated in Scotland or elsewhere.
4
References in this Part of this Act—
a
to offences include a reference to offences committed before the commencement of section 1 of the M6Criminal Justice (Scotland) Act 1987; but nothing in this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence to which that section relates instituted before the commencement of that section;
b
to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection; and
c
to property held by a person include a reference to property vested in the interim or permanent trustee in his sequestration or in his trustee in bankruptcy or liquidator.
Pt. V (ss. 31-43) repealed (24.2.2003 in relation to specified provisions and 24.3.2003 otherwise) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14)); S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)