C4C6C5C1C7C3C2 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C6

Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.

C7

Pt. 3 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 39(6) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

Appeals

I1C6115C6 Appeal by prosecutor

1

Section 108 of the Procedure Act (Lord Advocate’s right of appeal in solemn proceedings) is amended as provided in subsections (2) to (4).

2

In subsection (1), after paragraph (c) insert—

ca

a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;.

3

In subsection (2)(b)(ii), for the words “or (c)” substitute “ , (c) or (ca) ”.

4

After subsection (2) insert—

3

For the purposes of subsection (2)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.

5

Section 175 of the Procedure Act (right of appeal in summary proceedings) is amended as provided in subsections (6) to (8).

6

In subsection (4), after paragraph (c) insert—

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a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;.

7

In subsection (4A)(b)(ii), for the words “or (c)” substitute “ , (c) or (ca) ”.

8

After subsection (4A) insert—

4B

For the purposes of subsection (4A)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.