Criminal Procedure (Scotland) Act 1995

121 Suspension of disqualification, forfeiture, etc. S

(1) Any disqualification, forfeiture or disability which attaches to a person by reason of a conviction shall not attach—

(a) for the period of four weeks from the date of the verdict against him; or

(b) where an intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e) [F1 , 108 or 108A] of this Act, a note of appeal is lodged, until the appeal, if it is proceeded with, is determined.

(2) The destruction or forfeiture or any order for the destruction or forfeiture of any property, matter or thing which is the subject of or connected with any prosecution following upon a conviction shall be suspended—

(a) for the period of four weeks after the date of the verdict in the trial; or

(b) where an intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e) [F2 , 108 or 108A] of this Act, a note of appeal is lodged, until the appeal, if it is proceeded with, is determined.

(3) This section does not apply in the case of any disqualification, destruction or forfeiture or order for destruction or forfeiture under or by virtue of any enactment which makes express provision for the suspension of the disqualification, destruction or forfeiture or order for destruction or forfeiture pending the determination of an appeal against conviction or sentence.

(4) Where, upon conviction, a fine has been imposed on a person or a compensation order has been made against him under section 249 of this Act, then, for a period of four weeks from the date of the verdict against such person or, in the event of an intimation of intention to appeal (or in the case of an appeal under section 106(1)(b) to (e) [F3 , 108 or 108A] of this Act a note of appeal) being lodged under this Part of this Act, until such appeal, if it is proceeded with, is determined—

(a) the fine or compensation order shall not be enforced against that person and he shall not be liable to make any payment in respect of the fine or compensation order; and

(b) any money paid by that person under the compensation order shall not be paid by the clerk of court to the person entitled to it under subsection (9) of the said section 249.

[F4 (5) In this section–

(a) “appeal” includes an appeal under [F5 section 288AA of this Act or] paragraph 13(a) of Schedule 6 to the Scotland Act 1998; and

(b) in relation to such an appeal, references to an appeal being determined are to be read as references to the disposal of the proceedings by the High Court following determination of the appeal.]

Textual Amendments

F1 Words in s. 121(1)(b) substituted (20.10.1997) by 1997 c. 48 , s. 18(6)(a) ; S.I. 1997/2323 , art. 3 , Sch. 1

F2 Words in s. 121(2)(b) substituted (20.10.1997) by 1997 c. 48 , s. 18(6)(b) ; S.I. 1997/2323 , art. 3 , Sch. 1

F3 Words in s. 121(4) substituted (20.10.1997) by 1997 c. 48 , s. 18(6)(c) ; S.I. 1997/2323 , art. 3 , Sch. 1

F4 S. 121(5) inserted (6.5.1999) by S.I. 1999/1042 , arts. 1(2)(a) , 3 , Sch. 1 Pt. I para. 13(3)

F5 Words in s. 121(5)(a) inserted (22.4.2013) by Scotland Act 2012 (c. 11), ss. 36(10), 44(5); S.I. 2013/6, art. 2(c)

Modifications etc. (not altering text)

C1 S. 121 excluded (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), ss. 11(9), 17(3) (with s. 14); S.S.I. 2011/365, art. 3