Proceeds of Crime Act 2002

[F1 131C Sections [F2 131A and] [F2 131ZB to] 131B: appeals S

(1) If a sheriff decides not to make an order under section [F3 131A] [F3 131A(3)], an appropriate officer may appeal to the Court of Session.

[F4 (1A) If a sheriff decides not to make an order under section 131ZB(3) or 131AA(2), the prosecutor may appeal to the Court of Session.]

(2) If a sheriff makes an order under section [F5 131A] [F5 131ZB(3), 131A(3) or 131AA(2)], a person affected by the order may appeal to the Court of Session.

(3) But the person mentioned in section [F6 131A(2)(a)] [F6 131ZB(2)(a), 131A(2)(a) or 131AA(2)(a) (as applicable)] may not appeal.

(4) An appropriate officer may appeal to the Court of Session against—

(a) a determination made by a sheriff under section 131B;

(b) a decision by a sheriff not to make a determination under that section.

(5) An appeal under this section must be made before the end of the period of 21 days starting with the day on which the decision or (as the case may be) the order was made.

(6) On an appeal under this section the Court of Session may—

(a) confirm, quash or vary the decision or (as the case may be) the order, or

(b) make such order as Court of Session believes is appropriate.

(7) In this section “appropriate officer” has the same meaning as in section 120A.]

Textual Amendments

F1 Ss. 131A-131D and cross-heading inserted (1.6.2015) by Policing and Crime Act 2009 (c. 26), ss. 59(2), 116(1); S.I. 2015/983, art. 2(2)(a)

F2 Words in s. 131C heading substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(4)(a), Sch. 8 para. 31(6)

F3 Word in s. 131C(1) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(4)(a), Sch. 8 para. 31(2)

F4 S. 131C(1A) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(4)(a), Sch. 8 para. 31(3)

F5 Words in s. 131C(2) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(4)(a), Sch. 8 para. 31(4)

F6 Words in s. 131C(3) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(4)(a), Sch. 8 para. 31(5)