Explanatory Notes

Serious Crime Act 2015

2015 CHAPTER 9

3rd March 2015

Territorial Extent

Part 1: Proceeds of Crime.

Commentary on Sections

Chapter 2: Scotland.
Confiscation
Section 16: Orders for securing compliance with confiscation order

81.This section inserts new sections 97B to 97D into Part 3 of POCA which make similar provision in respect of Scotland for the making of “compliance orders” by the courts for securing compliance with confiscation orders to that contained in new sections 13A and 13B, as inserted by section 7, in relation to England and Wales. The criminal courts in Scotland will only be able to impose a compliance order on an accused person and will not be able to impose such an order on third parties. New section 97B(6) of POCA provides that for the purposes of any appeal or review, a compliance order in Scotland will be treated as a sentence.